Gilbert of the Haye's prose manuscipt (A.P. 1456) ..

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GILBERT OF THE HAYE'S
PROSE MANUSCRIPT

THE BUKE OF THE LAW OF ARMYS

GILBERT OF THE HAYE'S
PROSE MANUSCRIPT

(A.D. 1456)
VOLUME I.

THE BUKE OF THE LAW
OF ARMYS

OR

BUKE OF BATAILLIS

WITH INTRODUCTION

J. H. STEVENSON

WILLIAM BLACKWOOD AND SONS

EDINBURGH AND LONDON

1901

AO XigJUt ratrvtd

PREFATORY NOTE.

To the courtesy of the Honourable Mrs Maxwell-Scott

of Abbotsford, in the first place, the Scottish Text

Society is indebted for permission to print the Haye

Prose Manuscript. The Dean and Council of the Faculty

of Advocates, as trustees of the older Abbotsford Library,

of which the volume forms a part, readily added their

consent.

The making of the transcript for the use of the printer

was intrusted to the Rev. Walter MacLeod, but as the

editor has carefully collated the transcript with both the

print and the MS., he desires to take his full share of

the responsibility of any mistakes which may still have

crept into the print.

J. H. S.

204168

CONTENTS OF THE FIRST VOLUME.

INTRODUCTION —

1. DESCRIPTION OF THE MANUSCRIPT

2. THE TRANSLATOR .

3. THE FORTUNES OF THE BIANUSCRIPT

PAGB

vu

xxiii

xxxvi

4. THE PLACE OF HAYE'S MS. IN EARLY SCOTTISH

PROSE ...... lii

5. THE PRINCIPLES OF THE EDITING . . lix

HONOR^ BONET AND HIS 'ARBRE DES BATAILLE$' . Ixiv

THE BUKE OF THE LAW OF ARMYS —
INTITULACIOUN
RUBRICS OF FIRST PART
translator's INTRODUCTION
author's PROLOGUE .
FIRST PART OF THE BOOK .
RUBRICS OF THE SECOND PART
SECOND PART.

RUBRICS OF THE THIRD PART
THIRD PART .

RUBRICS OF THE FOURTH PART
FOURTH PART

I
I

2
2

5
35
36
72

73
89

100

ILLUSTRATIONS IN THE FIRST VOLUME.

I. PAPER-MARKS* . . • PP* xvii, xviii

II. FACSIMILE (collotype) OF PORTION OF MS.* to face p. xxii

in. FACSIMILE (COLLOTYPE) OF THE BINDING 0^\ In pocket at end
THE MS. J e^^^«^-

IV. FACSIMILE (COLLOTYPE) OF *ARBRE DES BAT-'
AILLES' FROM MS. 20, C VIII (BRITISH

MUSEUM) *

• Presented to the Scottish Text Society by Mr J. H. Stevenson.

II

\

INTRODUCTION.

I. DESCRIPTION OF THE MANUSCRIPT.

In one of the libraries at Abbotsford stands a tall folio,^ General,
which in respect of its age and its origin, its contents
and its binding, is unique and remarkable.

The volume contains the earliest dated literary prose
in the Scottish language — if we except such literature
as we find in official documents and miscellaneous corre-
spondence — and it is also our earliest prose manuscript
of that same literary sort. It consists in the main of
translations of three of the most popular works of the
middle ages: (i) 'L'Arbre des Batailles' — not known to
have been translated into any other language of the
Teutonic family ; (2) ' L'Ordre de Chevalerie ' ; and (3)
'Le Governement des Princes.' It records that it was
made in the year 1456, in Roslin Castle, at the com-
mand of the Earl of Orkney and Caithness, Chancellor
of Scotland, by Sir Gilbert of the Haye, knight, late
chamberlain to the King of France ; and in the beautiful
design of its stamped leather cover is the name of an
unknown or long- forgotten binder — maybe a fifteenth-

^ Press-marked, "Abbotsford Library, Z i."
VOL. I. b

Vlii INTRODUCTION

century Scot. Scattered through the volume are the
signatures and notes of several of its many owners,
which are interesting in relation both to the book and
to the writers ; and at the end are added in the writing
of one of the earliest of them two pieces of prose of
considerable independent interest — namely, a translation
of a fifteenth-century genealogy, and a sixteenth-century
account of a Church procession, both of which are in
sixteenth-century vernacular.^
Binding. The volume is 16 j4 inches in height and 11 j4 broad.

It is in its original boards ; and they have their original
brown calf-hide covering outside, and original parchment
linings and end papers inside. The outer leather, which
has been injured, mostly at the lower end of the boards,
has been partially raised, and relaid after the insertion
of patches of new leather where the old had failed ; but
the new is easily distinguished by the shapes of the
stamps which have been used on it and in other ways.
Enough of the original leather is left to show what the
whole design of its ornamentation has been ; but it
seems to have suffered from pressure, perhaps during
the patching operations.

* These writings are on the three last folios. They are — (i) on f. 130, "The
ordour of the Processioun and bering of the Sacrament in Antuarpe, the first
day of Junii, the Jeir of God i™v<=lxii" ; (2) on ff. 131, 132, a translation of a
kind of Birth Brieve, in the form of a letter sent by Thomas Bishop of Orkney
and the members of his Chapter, on 1st June 1440, to the King of Norway,
testifying to the right to the earldom of Orkney possessed by the Sinclair
earl of that date. The document ends with the words, " Translatit out of
Latin into Scottis be me Deine Thomas Gwld, munk of Newbothill, at the
request of ane honourable man William Santclair, baroun of Roslin, Pechtland,
and Harbershyre, Anno Domini m v<^ liiij." But it is probably only a copy of
Dean Gwld*s translation, the. handwriting of both pieces appearing to be that
of Sir William Sinclair himself. See below, p. xxi.

INTRODUCTION IX

There are two brass clasps on leather hinges. One Tiie clasps,
of the clasps at least is apparently entirely original.
Their style, which may be gathered from the appear-
ance of the catches in the illustration of the binding,^
is of the date of the manuscript, and the same as that
of the remains of the clasp of one of the Advocates'
Library copies of Wyntoun's Chronicle (MS. 19.2.3).

The ornamental design on the cover is of unmatched The design
interest. It is "stamped binding" of a quality that is °" ^ ®
rare as the product of any country ; and the country to
which it belongs is a matter of question. The design
is too elaborate, and the stamps too numerous, to be
described only verbally; the Hon. Mrs Maxwell-Scott
has therefore added to her courtesy to the Society by
allowing it to issue a collotype reproduction of one of
the boards, and to this the reader is requested to refer.
The reproduction, which is placed map -like in an end
pocket of the present volume, is made of the exact size
of the original, to facilitate the comparison — if it is
desired — of the stamps which are used there, with those
on other books.

Thirty-three separate stamps have been employed to
complete the design, and they are by no means apparently
used without selection. They include four, or perhaps
five, sets of two or more dies, and those that are not in
sets are still not used irrespective of their sizes and
characters.^ This enumeration does not include the
stamps used on the new leather, though the identifica-

' See collotype reproduction of binding in pocket at the end of this volume.

2 The stamps may be roughly catalogued as — one set of twelve (apostles) ;
three sets of three dies (containing words) ; a set of two dies (containing
rampant unicorns), and ten separate stamps of various kinds.

X INTRODUCTION

tion of these might go to complete a more modern
chapter of the history of the book and its fortunes.

The disposition of the stamps on the board is also
remarkable ; along with a certain amount of tooling in
perpendicular and horizontal lines, they compose a single
design which occupies the whole board, and each impres-
sion of each individual stamp has been made with care
and great accuracy.

As the collotype reproduction of one of the boards
is in the reader's hands, it is scarcely necessary to call
attention to many of the individual stamps, such as that
which represents the Paschal Lamb with the chalice and
banner ; the stamp with the I || g ; the curved, fish-
shaped stamps with the words, Ifiestus, jHatia, and 3o^aniu0 ;
the large conventional rose stamps ; the line of lozenge-
shaped stamps with rampant unicorns facing dexter-ways
toward the panel in the centre ; and the corresponding
line, on the other side of the panel, of similar dies with
unicorns facing sinister-ways ; or, lastly, the stamp con-
taining the lion and bear combatant, and the tree beside
them.^

The twenty figures in the central panel are those oi
twelve of the apostles with their symbols. After the
binder has exhausted his admissible* stamps here, he
has begun again at the beginning, and made up his
number with the first eight repeated. In each case he
has begun at the upper corner of the panel nearest the
fore-edge of the board, and worked towards the back.

^ Le Comte Theodore de Renesse, in his * Diet, des Figures Heraldique,* iL
677, gives a bear and lion affrontS as the cognisance of Cambous de Casalis.

^ Whomever the medisevals included among the ** apostles," they restricted
the number to twelve.

INTRODUCTION Xl

He has followed all orders in placing St Peter first, and
the canon of the mass in inserting St Paul, and placing
him next, between St Peter and St Andrew. But it is
not clear by what rule he has chosen and arranged
some of the rest.

The mediaeval Church did not observe a uniform rule
either in the persons whom it included in the Twelve,
or in — with one or two exceptions — the order in which
they were placed, or the symbols which accompanied
them. In these matters the practice differed in different
places. St Paul, and in some places St Mark, St Luke,
and St Barnabas, were substituted for an equal number
of the less prominent of the original Twelve of the
Bible.^ As the twelve stamps on the binding under
discussion appear to be members of a set, they probably
represent the Twelve as it was recognised at the place
of the die-cutter who made the stamps, or of the binder
who ordered them. So far as we can identify the figures
by the symbols* which they hold, they represent —

1. St Peter, with a key.

2. St Paul, with a sword.^

^ * Caracteristiques des Saints,' par Le P. Ch. Cahier, 2 vols., 1867, Paris.
Jameson, * Sacred and Legendary Art,* i. 176.

' These are generally the instruments of their recorded or traditionary
martyrdoms.

• The order of the Twelve as given to us by St Matthew (x. 2-4) is — (i)
Peter, (2) Andrew, (3) James (**the Greater") the son of Zebedee, (4) John,
(5) Philip, (6) Bartholomew, (7) Thomas, (8) Matthew the publican, (9) James
(" the Less") the son of Alpheus, (10) Lebbeus sumamed Thaddeus Qude),
(11) Simon the Canaanite (Zelotes), (12) Judas Iscariot In the Acts of the
Apostles (i. 26) we read that Matthias was chosen to fill the place from which
Iscariot fell. In the Roman Missal, as now settled, they are — (i) Peter, (2)
Paul, (3) Andrew, (4) James ("the Greater"), (5) John, (6) Thomas, (7) James
("the Less"), (8) Philip, (9) Bartholomew, (10) Matthew, (ii) Simon, (12)
Thaddens.

xii INTRODUCTION

3. St Andrew, with a (saltire) cross.

4. St Thomas, with a spear. Though St James the

Greater, with a pilgrim's staff and water-bottle
slung from it, may possibly have been intended.

5. St John, with a chalice and serpent.

6. St Luke or St Mark, with a pen and ink-bottle,

unless the object in the hand of the figure is meant
to be a palm and water-bottle, for St James the
Greater. The round object under the hand seems
to preclude the idea that the large knife, the em-
blem of St Bartholomew, is intended.

7. St James the Greater, perhaps, or St Jude, with a

sword, its point downwards. In the elaborate
panel which forms the characteristic of the title-
pages of the English Bible of 1599, published in
London by the Deputies of Christopher Barker,
are represented the twelve apostles of the New
Testament, and the four evangelists, each in a
compartment, along with his name and an em-
blem.^ Jude, there, is holding a sword as if it
were sheathed by his side, point down of course.
The apostle elsewhere is represented with a club,
a halbert, or a lance.

8. St Simon the Canaanite, with a great saw, blade

downwards.

9. St Jude probably, with a club, which is one of the

symbols with which he is found.
10. St Philip, with a long crosier, which in this case
has been made, somewhat timidly, into a double
or patriarchal cross.

^ The panel includes also the heraldic cognisances of the twelve tril^es of
Israel, each on a shield in the doorway of a pavilion.

INTRODUCTION XIU

1 1. St James the Less, with a fuller's club.

12. St Matthias, usually if not invariably last, with a

pole-axe or halbert.

Over the panel is a line of three words in Old English
characters — Jf)e»tt» | iWatta | JofiattttHS — each word in a
separate stamp. Similarly there runs a legend at the foot
of the panel, and on this legend the interest of the bind-
ing centres. It is in the same lettering, and the same
number of stamps, and is — ?^atttc£tt» | iLotnw me | ligabft.

Patricius Lowes, binder, has been hitherto unknown or The
unnoticed. Who was he ? Where and when did he bind
this book, which he bound so beautifully ?

Sir Gilbert began ^ his translation in 1456. The book,
or at least the first part of it, the *Buke of Batailles,'
seems to have been the prima cura of the translator,
and the whole contents of the volume appear to have
been written as continuously as a hundred and twenty-
nine folios could be. It may have been finished in a
few months, let us say — in 1457 at latest. For such
a book the binder would be called in forthwith. The
Chancellor Earl, at whose command the manuscript had
been made, kept a kingly state in his castle of Roslin.
He had titles of nobility and knighthoods enough "to
wearie a Spaniard," says the genealogist of his house.^
The Lord Dirletoun was his master household, the Lord
Borthwick was his cupbearer, and the Lord Fleming was
his carver, and they served the Earl in vessels of gold and
silver. The countess also was conducted like a princess ;
"none matched her save the Queen's Majestie." The
Earl's surname, we are told, was Prodigus, but it was

* See below, p. xxii.

* Father R. A. Hay, 'Genealogie of the Sainteclaires of Rosslyn,' p. 33,

xiv INTRODUCTION

not all pomp and ceremony. Outside the castle walls
he formed a settlement ^ of artisans, some of them
brought from foreign lands to build his College Kirk.*
In his scriptorium, translating books on the laws of
war, chivalry, and government, was an ex -chamberlain
to the King of France. This northern potentate, then,
may well have had in his domestic service a Patrick
Lowes, bookbinder.

In the larger monasteries the whole office of the
scriptorium was not executed till the book was bound,
and no doubt a certain amount of binding, some of it
skilful, was being done at that time and earlier in the
monasteries in Scotland, although no binder of name
who was not a secular or a layman was known outside
their walls.* Beyond the monasteries, cathedral chapters,
St Andrews University, and one or two castles such
as Roslin, there were few places in Scotland in the
fifteenth century where more than very ordinary binding
could have been done. In those days a manuscript
might, of course, have been sent abroad to be bound, as
subsequently manuscripts were sent to be printed. If,
on the other hand, the book was bound in Scotland,
then Edinburgh for several reasons is the most likely
town where a binder for a Roslin book would have been

' Roslin village, created at this Earl's instance a burgh of barony.

* Now Roslin Chapel.

' In the Exchequer Rolls of the year 1460 (vol. vi. 581), there is an entry
of a payment of 10 pounds 15 shillings to James Chalmers, clerk of the
Chapel Royal, for repairing the books of the chapel, and covering them —
" co-operimento eorundem." In the Inventory of the Glasgow Cathedral
Library (a.d. 1432), one book is said to be in the hands of the binder —
Domini Ricardi Air — the binder, or at least the person who was responsible
for the binding, being thus a clergyman in this case also (' Registrum Epis-
copatus Glasguensis,' Ban. Club, ii. p. 335).

INTRODUCTION XV

sought for.^ There, indeed, about the date with which
we are concerned, we find a Patrick de Lowis, a burgess
and possessor of a tenement in the town. This, unfor-
tunately, is nearly all we know about him. The sum
of our information in its detail is that, on 17th October
1447, Patrick is spoken of in the Register of St Giles's
Church as alive,* that, on 15th February 1466, the Great
Seal Register* speaks of him as dead, and that his
tenement was on the north side of the High Street,
on the west side of the tenement of Duthac Wigmore,
and above the " two lands " of Henry Bell, one of which
"lands" was bounded by the Nor' Loch.* Sir Patrick
Lowis, chaplain, is mentioned in a litigation by an
Edinburgh burgess on nth July 1494.^ Another Patrick
Lowis, apparently a notary, is a witness at Edinburgh to
a charter of 1517.® But though persons of the surname
continued to hold property in Edinburgh for generations
afterwards, the Christian name Patrick does not occur
again with it.

^ Roslin is only eight miles by road from Edinburgh ; and Lowys, Lowis,
Lowes, &c., is a Lowland Scots surname. Walter Lowys witnesses a charter,
A.D. 1318, to lands in the earldom of Dunbar (The Laing Charters, 22). The
territorial family of Lowis of Manor in Peeblesshire is found as early as
1463-64 (Reg. Mag. Sig., No. 781). The family of Lowis of Merchiston
originated in Edinburgh. The various spellings of the surname, mostly the
random efforts of scribes, at a time when no one felt insulted at the misspelling
of his name, convey no suggestion that the names were not the same. The
charter which passed the Great Seal on 23rd July 1658 (Reg. Mag. Sig., P.R.
viii. 151) in favour of Ninian Lowis is entitled in the record a charter in
fitvour of Ninian Lowes.

' Registrum Elcclesiae Sancti Egidii (Ban. Club), 77, 1 14.

• Reg. Mag. Sig., 24th Feb. 1466 (908) ; 22nd Oct. 1477 (1320).

^'Ibid. The North British Railway line and the Princes Street Gardens
occupy the site of the now drained North Loch.

' Action by David Henryson against James Lockhart of the Lee (Acta
Dom. Cone, 374). • Reg. Mag. Sig., 1 8th July 15 17 (173).

xvi INTRODUCTION

We have met nowhere else with any of the stamps
used in this solitary piece of Lowes*s binding.^

The sewing of the book has not been disturbed .when
the cover was partially raised. It is still firm and sound ;
only one leaf — the last end leaf — is loose. The next two
— ff. 131, 132 — have been removed, and they or others
in their place have been pasted in again.

The volume has originally consisted of eleven gather-
ings of six sheets, or twelve folios, each, and an end-
paper at the beginning and end of the book — i,e,y 132
fols.-|-2. The paper, pronounced by David Laing to be
of Lombard make, is stout. With the exception of a
slight stain along the back and part of the lower edge
of the leaves, and worst at the end of the volume, as
from a single wetting rather than prolonged damp, it is
in excellent condition. The first nine gatherings, with
the exception of the four outer sheets of the fifth, have
a paper-mark of a unicorn. Two varieties of this mark
occur, but they are not so different as to preclude the
idea that they were simultaneously used on different
sieves in the same paper - making, and the papers so
marked are indistinguishable from each other. The
wire-marks of the paper are on an average a fraction
less than i}^ inches apart. The four outer sheets of
the fifth gathering — /.^., folios 61-64, 69-72, are of a
slightly thinner paper with wire-marks only ij^ inches

* A small fifteenth-century, Scottish- made breviary, once belonging to
Aberdeen (now in the Advocates' Library, MS. 18.8. 14), and bearing the
signature of John Galloway, an archivist and custodier of the Aberdeen
Bishopric treasures in the first half of the next century, bears a stamp of a
foliated scroll which may well have been made by Lowes's die-cutter. It
has also remains of Old English lettering up the centre of one of the boards
which we cannot now decipher.

+D

INTRODUCTION xix

apart, and a faint paper-mark which seems to consist of
a shield of the arms of France ornamented with a crown
and with a pendant figure of a letter, the meaning of
which the mark-maker has not understood. At the end
of the ninth quire the scribe has changed his paper for
good, and from thence to the finish he has used a third
variety, which, though similar, is if possible better than
even what he began with. It has the same width between
the wire-marks ; its paper-mark is a small heart out of
which rises a cross. Full-sized drawings of all four
marks are here given.^

The original manuscript — begun in 1456 — ends on
folio 129. The last two folios (fols. 131, 132), though
of the same paper as those which they follow, have
apparently been separate from the book before 1554, the
date of the writing — the Sinclair genealogy — which they
contain. That seems evident from the circumstance that

^ The unicorns are not unlike the animal on the paper of the 'Biblia
Belgica' of 1477 — in Sotheby's 'Typography of the Fijfteenth Century,'
No. 73. The unicorn, which appears on early binders' stamps and as a
fifteenth - century paper • mark frequently (also later), was a heraldic cogni-
sance of Scotland, of Philip of Burgundy (Sotheby, ' Principia T3rpographia,'
▼ol. iii. sub voce " Unicom "), and of several noble families in France and
Germany.

The figure pendant from the mark with the arms of France is not clear
in the impressions which we have of it. It may be a corruption of the
monogram constructed out of the letters "P" and "Y." If so, however,
their identification by Sotheby in other marks as the initials of Philip and
Ysabella of Burgundy could not apply.

The heart — in heraldic language : a heart, a passion cross issuant therefrom
— would look at first sight like an emblem of the Atonement for Sin arising
out of the Divine Love, but for the frequency of the cross ensigning other
forms of paper-marks, such as letters, buUs' heads, and jugs. The only coat
of arms which we have discovered with a bearing at all similar is that
of Calanchini — viz., un cceur somnU cTune croisette pcUtie, et chargi cPun
croissant (* Dictionaire des Figures Heraldique,' par Le Comte Theodore de
Renesse, iii. 357).

XX INTRODUCTION

the first folio of the gathering to which they belong has
the paper-mark belonging to its sheet ; the last folio of
the same ought therefore to be unmarked, but it has a
mark also. The second folio has no mark ; the second-
last folio ought therefore to have the mark, but it has
none. The inference is that the folios at the end have
been transposed. As the writing which they contain
follows their present order, the transposition has been
made previous to it — the leaves then were taken out
of the book while probably they were still blank. The
folios bear marks also of having been folded crossways
into three, after the writing was done on them. At
present they are two independent leaves pasted into the
book against the next folio (f. 130), and it is impossible
to say from the state of the pasting that they have not
been separated from their attachments more than once.
All the other folios in the book are complete, and with
the exception of one or two short tears, are perfect.
The leaves are all of a uniform size — fractionally less
than 15^ inches in height and 11^ inches broad.
Hand- The fifteenth-century manuscript — that which fills the

wntings. ^^^^ j^^ folios — is written throughout in a single column
with wide margins. There are on an average 15 words,
or thereabout, in a line, and about 45 lines in a page.
There is no ruling, save the four containing lines for
the manuscript in each page. There is also no orna-
mentation in the manuscript beyond the initials of the
first words of chapters, which are plainly done in red,
and a few long letters at the beginnings and endings of
the books into which the manuscript is divided. The
penmanship is good ; it is clear, close, and regular, and so
uniform throughout that the whole might have been done
at a sitting. The specimen reproduced (opposite p. xxii),

INTRODUCTION xxi

from the first folio, is representative of the writing on
any of the others, save that towards the end of the book
the punctuation is sparser. The ink is still nearly black.
The contractions which are used seldom involve more
than a single letter. There is the usual freedom in
spelling, but there are very few scribal errors. At the
end of each quire the first word, or sometimes phrase,
of the next is announced as usual, to guide the binder.

The sixteenth-century writing on the last three folios,
which has been already alluded to, is entirely devoid of
ornament ; it extends to the edges of the paper, and is
cramped withal, as if it was necessary that the matter
should be got into a limited space. The writing on the
first of the three — that of the account of the procession
— is not so sharp, careful, or cramped as that on the
last two, which contain the Orkney diploma ; but both
writings strongly resemble the handiwork of Sir William
Sinclair of Roslin, Justiciar of Lothian,^ who flourished
in the sixteenth century, and whose writing — to be al-
luded to again * — we know from other sources. The
same hand supplies some Latin verses left out by the
scribe from the *Buke of Batailles,' and a long Latin
note on the same subject — the election of the emperors
— ^which has been inserted between the first end leaf and
folio I, and which has been written on a leaf of the same
paper as that of which the book is composed.

A modern sheet of foolscap is pasted in beside it, with
the beginning of a description of the contents of the MS.
on it — perhaps in the hand of Dr George Mackenzie, a
subsequent possessor of the book.^

^ Charter of Justiciary of Lothian, 20 January 1559-60 — Hay's *Genealogie
of the Sainteclaires,' p. 139.
* See below, p. xl. ' See below, p. xlv.

XXll INTRODUCTION

On the paper inside the boards, on the blank end
leaves, on leaves i, 85, 129, 130, 131, and others, are
signatures of successive owners, which shall be mentioned
presently in their chronological order, in connection with
the attempt about to be made to trace the fortunes of
the book after it left the hands of its makers.
Contents. The writing of the text begins on the inside of the
first folio. The first words are the apostolic benediction,
showing that the speaker was a priest Then comes the
announcement : " Here begynnys the Buke callit the Buke
of the Law of Armys, the quhilk was compilit be a notable
man, Doctor in Decreis, callit Bonnet, Prioure of Sallon."
Some lines lower down he continues : " Translatit be me
Gilbert of the Haye, knycht, maister in Arte, and Bachilere
in Decreis, Chaumerlayn umquhile to the maist worthy
King Charles of Fraunce, at the request of ane hie and
mychty prince and lord, Williame Erie of Orknay and
of Cathnes, Lord Synclere, and Chancelare of Scotland,
in his Castell of Rosselyn, the gere of our Lord a thowsand
four hundreth fyfty and sex."

In this and the next 84 leaves (ff. 1-85) is this translation
of the 'Buke of the Law of Armys.' It ends with no
avowed or apparent addition to the original save the
simple words, *' Here endis the Buke of Bataillis, and
beginnis the Buke of the Order of Knychthood." The
translator, then, without apparently turning in his chair,
and the scribe with, as it were, the same penful of ink^
proceed on the next line of the paper of the same folio
with the * Buke of the Order of Knychthood.' They con-
tinue together over eighteen folios more (ff. 85-103), and
on leaf 103 the translator comes again to say something
of his own : " Here endis the Buke of the Ordre of

INTRODUCTION XXlll

Knychthede, and beginnis the buke callit the Buke of
the Governaunce of Princes." This "buke" fills the last
twenty-six leaves (ff. 103-129) — "Explicit Le Governement
des Princes," writes the scribe, and lays down his pen.
It was more than commonly careless for the Haye to
mix his languages at such a moment, but he says
nothing else. He is content with the " In nomine Patris
et Filio et Spiritus Sancti," which he has copied out of
the original — the somewhat remarkable sentiment for the
lips of Aristotle, and he makes no colophon.

2. THE TRANSLATOR.

In Sir Gilbert the Haye we recognise the name of a A Scot,
poet rather than a prose writer. Dunbar in his " Lament **
numbers him among the Scottish Makaris : —

" Clark of Tranent eik he has tane,
That maid the Anteris of Gawane ;
Schir Gilbert Hay endit has he ;
Timor Mortis conturbat me."*

Sir David Lyndsay, in a passage which is similar in
that it is after the manner of a list of the poets, writes : —

"Quintyn, Merser, Rowle, Henderson, Hay, and Holland,
Thocht thay be deid, thair libellis bene levand,
Quhilkis to reheirs makeith redaris to rejose."^

Of the facts of Haye's life we know little. He was of
a noble name, and was possibly within tellable degree of
the Earl Constable. Gilbert was a common name, how-

» " Lament for the Death of the Makaris," 11. 65-68.
' "The Testament and Complaynt of the Papyngo," Prolog, 11. 19-21.
VOL. I. c

xxiv INTRODUCTION

ever, in the house of Errol, and therefore in time a
popular one among the Hays of lesser families. Botfield ^
conjectures that Sir Gilbert was a son of Sir William
Hay of Locharret. His grounds are not clear, but he
states that no cadet of Hay of Errol at that date is
known to have attained the rank of knighthood.

Sir Gilbert was at all events a Scot who had by no
means lost his mother tongue. He was therefore, prob-
ably, educated in Scotland, which at that time meant St
Andrews, so far as universities were concerned. In 1418
— ^the earliest date when we should expect to find him
there, if he was bom, as we shall presently show grounds
for supposing, within the first few years of the century,
certainly not sooner — we find in the ' Acta Facultatis
Artium Universitatis Sancti Andreae,' a Gilbertus Hay
among the Determinants or Bachelors of Arts of that
year; and in the next year, 14 19, the same name, or,
as it is put, Gilbertus de Haya, in the list of the admis-
sions to the next degree — of Licentiates or Masters of
Arts. Haye's degree of Bachelor in Decrees was prob-
ably got in Paris. But as that degree seems to designate
him a candidate for ecclesiastical orders, it must be sup-
posed that he became a knight, if knight in our sense
of the term he was, before he took the degree. A likely
child of a noble breed had not to wait long for his
knighthood in those days, and at the same time it is
difficult to assume that he received the accolade of a
secular knighthood after he had entered the priesthood,

1 'The Buke of the Order of Knichthood ' (edited by B. Botfield, Ban. Club,
1847), Preface, p. xxv. Dr David Laing is generally credited with having
at least supplied the facts for this preface. Parts of the preface contradict
statements made by Laing elsewhere.

INTRODUCTION XXV

unless by some dispensation he had left the ranks of
the Church, which we shall find presently he had not.

What Haye meant by the term " knight " may perhaps A
be disputed. It can hardly be supposed that he used it °*^
in its early sense of " servant," as the Pope calls himself
"servus servorum." There was the intermediate meaning
of "soldier," as in Chaucer, where Judas Maccabseus is
called " Goddes knight," or in the passage in the MS.
version of the New Testament, said by Dr Jameson (Diet.,
sub voce "Knecht") to be in the Advocates' Library:
" Traveil thou as a good knyghte of Christ Jesu " (2 Tim.
ii. 3). It was probably in this sense, and not in derision,
that the priests were first dubbed, as early as Chaucer's
time, "the Pope's knights." At a later date (1552) we
are told that in Scotland —

"The pure priest thynkis he gettis no rycht,
Be he noch styled like ane knicht,
As Schir Thomas, and Schir Wilyame." ^

The early meaning of " Sir," when prefixed to a Chris-
tian name and surname as a mere title of worship, had
been forgotten.^ On the introduction of the university
title of " Master " as the everyday title for men who had
obtained the degree of Master of Arts, the title "Sir"
was, in Britain at least, relegated more to the laity ; but
its enhancement into a title of dignity reserved, among
the laity, for knights, did not at once deprive the priests

I

of the enjoyment of the title in its old sense. In the
sixteenth century, if we accept the proofs adduced by

* Sir David Lyndsay*s 'Poetical Works,' Laing's edition, p. 45 (**Ane
Dialog betuix Experience and ane Courteour," 11. 4660-4663).

^ French, sire; Ital., ser ; Mod. Greek, kur (ic<;p(Of). A book might be
written on the vicissitudes of titles of worship and dignity.

XXVI INTRODUCTION

David Laing,^ Masters of Arts alone were spoken of
with " Master " prefixed to their Christian and surnames,
and " Sir " was given to priests who had no such degree.
But how soon the distinction became fixed, and "Sir"
was held to be an inferior title to apply to a priest,
is doubtful. Sir William Sinclair of Roslin, Justiciar of
the Lothians, who flourished in the first half of that
century, speaks of Bishop Landellis, who crowned and
anointed Robert II. (1370-71), as Sir William Landellis.^
Knight or not, Haye was entitled to be called " Master,"
if it were a higher honour than " Sir." But in the only
three cases in which we find him designated by other
people he is called " Sir," with no addition of " knight,"
and the people who did so must have known his usual
title. Still it remains that Haye, who does not call
himself by the coveted title of Sir — or Master either,
for that matter — calls himself a knight.
French We have to cast about in order to find the date at

which Haye probably arrived in France. By the date of
the commencement of the ' Buke of the Law of Armys '
we know that he was in Scotland again in 1456. The
date of Sir Alexander de Sutherland's will,^ made at
Roslin, in which he leaves Haye a legacy, enables us
to say that he was there before the 15 th of November
of that year. According to the Tay mouth manuscript
of the * Bulk of Alexander the Conqueror,' about to be
mentioned more fully, Haye's sojourn in France had
lasted full four- and -twenty years. He must therefore

* L)mdsay*s Works, ut sup., p. 341.

* Note in Sinclair's handwriting at end of his copy of * Extracta e Cronicis,*
Adv. Lib., MS. 35.6.13.

' 'Genealogie of the Sainteclaires ot Rosslyn,' 4to, pp. 91-98.

service.

INTRODUCTION xxvii

have arrived in France not later than 1432. If he was
the St Andrews graduate of 1419, he might have been
in France in 1420. The Scottish noble youth were
flocking then to France to join the Archer Guard which
the reigning king's father had founded. A "Sir Gilbert
de la Haye" appears on a list of the knights who
accompanied the king (Charles VII.) to Rheims, and
attended his coronation there on 17th July 1430.^
Further down the same list of those who assisted that

* Forbes Leilh's * Scots Guards,' i. 43, and authorities cited there.

The king, who succeeded to the throne in 1422, had since been crowned at
Poitiers in 1723.

Michel (* Les Ecossais en France,' i. no, in) says: " Le Comte de Mar
prit part avec son monde k la bataille d'Oth^e en Hasbain, ou bataille de
Li^e, qui eut lieu le 23 Septembre 1407. L'auteur d'un ancien poeme
fran9ais, compose sur cet ^v^nement, se plait k mentioner —

II ajoute —

' £t le bon conte de Namur,
Oil de maire et maint Escossojrs.'

' De ceux qui Ik furent venu,
Des nobles Escossob y fu
En cestuy jour, que bien le s^ay
Lors messire Guillaume Hay;
Messire Jacques Scringour
Fut en la bataille ce jour,
Et sire Helis de Guenemont.

Nouveaux chevaliers escossoys
Furent ce jour, j'en s^ay la vois,
Pour leur pronesse, en grant renom.
Sire Alexandre en son droit nom
De Commech, qui ot cuer entier,
Ce jour y fnt fait chevalier,
Et messire Andrieu Stievart
Fnt chevalier de belle part,
De Hay Sire Guillebert
Fut ce jour en armes appert
Com bon et hardi combattant.'"

This last may be the Sir Gilbert who attended the coronation in 1430;
but if our reading of a passage in the ' Alexander,' about to be quoted, is
correct, he cannot have been the Sir Gilbert of the manuscript, who was
then alive in 1499, or near it, and of course he was a generation earlier than
the St Andrews graduate of 1418-19.

XXVlil INTRODUCTION

day is the name of a plain " Gilbert de la Haye." It
IS not clear from the account whether these Hayes were
members of the Scots Guard or not ; but they probably
were. From the ranks of that guard the progress to
higher Court preferment was relatively easy. But in any
case Scotsmen were then in fashion ; and at that Court,
whether Haye was a guard or not, he became, as he tells
us in his manuscript, chamberlain to "the maist worthy
king Charles of France." Mackenzie,^ who gives a slight
biography of Haye, calls the king Charles VI., but he
must have been that monarch's son and successor, Charles
VII. Haye calls himself "chaumerlayn umquhile" —
this is in 1456. The king, on the other hand, is not
styled "umquhile," which Charles VI. had been since
1422; and he is styled "maist worthy," which Charles
VI. had not been since 1400. A few more autobio-
graphical details would have been welcome from the
Scot who was at the Court of France during the reign
which saw Joanne of Arc, the recovery of Normandy,
the founding of the liberties of the Gallican Church, and
the creation of a French standing army.

In Scot- In " the geir of our Lord a thousand four hundreth

fyfty and sex " Sir Gilbert's French career was over, and
he was back in Scotland in the service of " the worthy
lord — William Erie of Orknay," and writing his only
known prose work.

A priest It is a deed of that year which gives us our direct and

undoubted evidence that Haye was a priest The deed
is the last will and testament and inventory, which has
been already mentioned, of the goods of Alexander de
Sutherland of Dumbethe. De Sutherland was the earl's

^ 'The Lives and Characters of the Most Eminent Writers of the. Scots
Nation.' Edinburgh, 1722, vol. iii. p. 5.

INTRODUCTION XXIX

father - in - law, and made his will at Roslin in presence
of the earl, " Sir Gilbert the Haye," whose name comes
next to the earl's, and of others whose names follow
after. The last bequest which the will contains is :
" Item, I gif and I leif my sylar colar to Sir Gilbert the
Haye, and he to say for my saul ten Psalters."^

How long or how constantly Haye was in the employ- A poet,
ment of the Earl of Orkney there is no saying, but at one
time or another he wrote a long poetical translation at
the request of the Lord Erskine. This, the only poetical
work by Haye now known to us even by name, was * The
Buik * of Alexander the Conqueror.' Only a copy of
part of a copy of this poem exists, and from it comes
all our knowledge of the original. The copy does not
say when the original translation was made, but from
expressions in it by both the poet and the copyist we
conjecture that the poem was written after the prose
manuscript.

The dedication of the 'Alexander,' if the original, as
well as the copy, spoke of Lord Erskine by that title,
seems to eliminate from the possible dates of the work
the period between 1438 and 1457, when there was no
one in Scotland calling himself Lord Erskine. During
these years the Erskines were claiming, and in part en-
joying, the earldom of Mar ; and though the king de-

* * Genealogie of the Sainteclaires,' ut sup.

' This spelling is not Haye's. The Taymouth MS., alluded to and already
mentioned, is a sixteenth-century transcript. The manuscript as a whole is as
yet unprinted. The extracts which are here below given are from a short
monograph, * The Taymouth Castle Manuscript of Sir Gilbert Hay's "Buik
of King Alexander the Q>Dqueror,"' by Albert Herrmann, Ph.D., 4to, 23
pp. : Berlin, 1898. From Dr Herrmann's print we gather that the initial '* u "
and ** w " are represented in the transcript by ** v." As this was no part of the
orthography of Haye's contemporary prose MS., we have replaced these letters
in our extracts.

XXX INTRODUCTION

murred, and ultimately declared (in 1457) that the earldom
had fallen into the hands of the Crown, no one in the
Erskine employ was likely before that settlement to have
called his master anything less than Mar. If the poem
dates before 1438, it was probably done in the cham-
berlain's spare moments in France. Haye, however, will
be seen, by the extracts now to be made from the
extant copy, to have been in presence at least of his
manuscript in 1499, assisting his first copyist to amend
the blunders he had made in the deciphering or tran-
scribing of it. Towards the end of the poem are certain
lines which we take to be the poet's own : — ^

"Now is our bulk brocht fastlee till ane end.
Lovit be the Lord the drop of grace me send,
The quhilk I askit at the beginning.
To grant me grace to mak ane fair ending,
Quhen I the making undertakin hade.
For to fulfill the hecht that I haif maid,
At the instance of the worthee lorde,
As in the prologe we haif maide recorde,
Quhair I maid promes for to do my best
Quhill hand and pen, and tung and ene mycht lest."

It is imprudent to lay stress on every phrase of a poet
One line for sense and one for rhyme was not entirely
unknown among the poets in those days. Still the sug-
gestion is that the poet was old. The manuscript con-
tinued with an interpolation of the copyists : —

"All this that follouis is hot the excusatioune
Of him that maid the first translatioune ;

^ It will still be kept in mind that it is from a later copy that we must
quote.

INTRODUCTION XXXI

Bot in this buik sone efter 3e sail se

Quha causit this buik againe to wrettin be ;

Quhair and be quhome, quhat tyme it wrettin was,

In termes schort to 30W I sail rehers.

I will wret furthe befoir me as I find,

His excusatioune I will not leaf behind.

Translatit it was forsuithe as 1 hard say

At the instance of Lord Erskine be Sir Gilbert Hay,

Quhilk into France treulie was duelland

Weill tuentye four 3eir out of Scottland,

And in the king of Francis service was,

Quhair of our awin leid he had mair distres

Of conversatioune, cumpannie and collatioune.^

Treulie it is full great mereit

Guid thingis for to be put in wret.

Of this to spak now will I lait alaine,

And to the translatour now will I pas again,

Efter his wreting schortlie to conclude

That this g^et storie wricht^ as he onderstuid.

Richt sua he wret withe his awin proper hand,

Was nevir befoir translatit in this land,

That is to say, out of the Frenche leid.

Thus worthee war it hade a worthee weid."

The translator's exclamation that his task was ended
has been noticed. The copyist now returns thanks for
himself at the approach of the end of his labours : —

" Thankit be God I now neir ' hand haif I endit
This nobill buik, and pairt of faltis mendit
Withe help of him that made the first indyit.
There is na man withe out sum fait may wret."

' Dr Herrmann (p. 23) observes here, *' A line seems to be wanting.*' It
is irafortunately just where we might have found some autobiographical
statement.

» " Wicht" in Dr Herrmann's print. » " Heir" in Dr Herrmann's print.

XXXii INTRODUCTION

Sir Gilbert, then, was alive at the date of the first
copy ; and the former line —

"Translatit it was, forsuithe, as I hard say" —

which rhymed with " Sir Gilbert Hay," ended with four
words which were there " for rhyme " only. The date
of the copy at the correction of which Haye assisted is
thus of biographical interest, and it is presently given ;
but its lateness is surprising. It seems to be the copyist
still who speaks : —

"Thus I begane in the lusty tyme of May,
And endit in August the ane and tuentye day.
The same tyme that I this bulk could end
Fra Christ the cours of 3eiris could discend
A thousand four hunderithe nynetie 3eiris and nyne,
Fra Crystis birthe are passit by sensyne.
The saming 3eir, the treuthe gif I sail tell,
Into this realme thair rang a pestilence fell.
Thair was na man that had into memor
That ever hard tell of sic ane plaige befor."

The mention of the plague certifies us, if necessary,
that there has been no miscopying in the date. The
plague of 1499, which devastated England, and, as we
find here, ravaged Scotland as well, was a visitation of
the "Sweating Sickness." It was so bad in Scotland
that it obstructed the ingathering of the revenue. To
escape it in England, the English king and Court took
ship and fled to Calais.

The question is at first sight doubtful, however, if
the date refers to the making of the copy or of the
original translation. The date of the translation is ap-
parently what the copyist promises when he says, ".Quhat

INTRODUCTION xxxiii

tyme it wrettin was ... I sail rehers," and the year 1499
is the only date he gives. It is then necessary to be
able to say if the days contained between " the lusty
month of May" and the 21st day of August are enough
for the making of a metrical translation of the length
of Haye's 'Alexander' or only for the copying of it.
The literary year, as we learn from every Makar, began
in the month of May, and we may suppose that the writer
who began so large a work as the * Alexander/ and with
so pathetic a reference to his hand and eyes, &c., missed
not a day but began on May i. From that day till
August 21, both days included, is a period of 113 days.
We are told that the whole poem of the 'Alexander* is
not now in existence,^ but that we have about 20,000
lines in the part which is left. They occupy 229 leaves
of manuscript. The copyist left 36 leaves blank for the
missing portion — in other words, he left space for a
fragment of 3000 lines. But as we cannot say for certain
that he did so according to knowledge or any wise cal-
culation, let us leave the missing lines out of our con-
sideration for the moment, rewarding ourselves, however,
for so doing by adding a unit to those that are left, and
making the poem out to have contained 20,001 lines in
all. On these suppositions the writer must have written
on an average 177 lines a-day, Sundays included. With
the ordinary foresight of these days of pine-torches in the
hall and rush -lights in the chambers, and quarters for
poets such that they were constantly up in the morning
early, this writer had selected almost precisely the 113
longest days in the whole year — the literary year began

^ Cosmo Innes reported two MSS. of it at the date of his ' Black Book of
Taymouth.' But only one MS. is now forthcoming.

XXXiv INTRODUCTION

well ! If, with the same forethought, he began and con-
tinued to work ten hours a-day, these hours would still
leave him somewhat less than seven minutes in which
to translate, versify, and write each couplet.^
Haye's The original translation of the * Alexander * was written

ing ^^ ^y ^^y^ ^^ ^^^ "awin proper hand," as we learn from the
copyist, who apparently had some difficulty in reading it,
and who cannot have been mistaken as to the fact of
the writer, seeing that Haye himself was at his elbow.
At the end of the copy of "The Lauis quhilkis Kyng
William kyng of Scotland maid,*' which is part of the
Cokburn MS.,^ is a note consisting of the words, "Per
manum venerabilis viri G. H." The handwriting of the
note resembles that of Sir William Sinclair of Roslin,
great-grandson of the Earl of Caithness, Haye*s patron.
If Haye left any autograph manuscript in Roslin library,
Sir William was probably well acquainted with it ; his
notes scattered over Haye's prose manuscript, &c., neces-
sitate this supposition. Beyond the note on the Cokburn
MS., however, there is nothing to suggest that that manu-
script was ever at Roslin. The Monynet MS. of Scots
Laws * belonged to Sinclair, as his signature testifies ; but
a library which, as we shall see, had several duplicates
of Fordoun, may easily have had several collections of
the Scots Laws, all the more that the owner was a
Justiciar.

The handwriting of the manuscript of his prose trans-

^ Dr David Laing's conclasion was that the existing imperfect manuscript
had been "transcribed some time before 1579 from a copy written in 1499,
which was probably also imperfect."

^ Adv. Lib., MS. 25.4.14, described, and to some extent used, in the
Record edition of the Acts of the Pari, of Scot., vol. i.

» Adv. Lib., MS. 25.5.6.

INTRODUCTION XXXV

lations is not Haye's ; for while Haye declares himself
to have been the translator, the writing bears marks of
dictation. There are passages, for example, where a few
words of the French original — something less than a
sentence — has slipped into the text, followed immediately
by its equivalent in Scots. The duplication has been
made as a matter of course, and then left uncorrected.
To make a mistake of this sort it takes two people, and
one of them a machine. The translator, looking at the
French before him, reads by inadvertence a phrase partly
aloud, then begins his intended dictation. The scribe
takes down what he hears. The translator does not
know that the French is in, and the scribe does not
know that it should be out. But the principal evidence
that the manuscript is the work of a scribe lies in the
smooth mechanical uniformity of the writing.

Who the scribe was we do not happen to be able to The scribe,
suggest. We have not been able to identify his handi-
work with that of any of the known scribes of his period
whose writings we have met with. From his manuscript
we may conclude that he was more at home in French
than in Latin, that he was not always much interested
in his task or that Sir Gilbert was sometimes most un-
grammatical, that he was by no means an old man, and
that he certainly was a Scot

Our meagre biographical note of Sir Gilbert the Haye
is finished, and some of it is only surmise. If it is in the
main correct, he lived a long and varied life — a Scotsman
and Frenchman, soldier and priest, linguist and poet

XXXVl INTRODUCTION

3. THE FORTUNES OF THE MANUSCRIPT.

Roslin The magnificent lord who ordered Haye's translations

I rary. ^^ ^^ made was probably the possessor of a library.
Whether the fire, which broke out in his castle upon
the feast-day of St Leonard (November 6) 1447, and
burnt, with other parts of it, the charter-room, destroyed
any books, we are not informed ; but we learn that on
that occasion the Earl said he was sorry for nothing
save the loss of his charters and writings ; and that he
was so relieved when he learned that his chaplain (Sir
Gilbert.^) had saved these treasures that he "became
chearfull," and told the Countess " to put away all sorrow ;
and rewarded his Chaplain very richly."^ Haye*s prose
translations were made some years after the fire. As
they were made at Roslin, their French originals must,
in Haye's time at least, have been at Roslin too —
viz., Bonet's ' Arbre des Batailles,' the * Ordre de Chev-
alerie,' of unknown authorship, and the ' Governaunce des
Princes,' attributed then to Aristotle.

The " Cupar" manuscript of Fordoun's * Scotichronicon '
(Adv. Lib., MS. 35.1.7), if we may believe the statement
attributed to Father Richard Hay in 1777, was for a
time at least in the Earl's possession.^

* * Genealogie of the Sainteclaires,* p. 28.

2 Hay, who calls it the Hay Book (codicem meara Hayanum sive
Cupraeum), doubtless from its having been latterly possessed by members
of his own family, says that among all the copies of Fordoun made by the
canons of Inchcolm " my Hay Book holds the first place. It was tran-
scribed in the seventeenth year of James II. by Peter, once a canon of that
island ; was bought from William, Earl of Orkney and Caithness, at a great
price, and conveyed to Coupar- Angus in the year 1445." These dates of

INTRODUCTION XXXVll

The Rev. Dr Lawlor has catalogued twelve extant
manuscripts and a printed book which, mainly by the
identification of the signatures which they bear, he
shows to have been part of the library at Roslin in
the time of the earl's grandson and great-grandson.^

Six of these books came to Roslin, almost certainly
at or about the year 1565, on the death of Henry
Sinclair, once Dean of Glasgow, and afterwards Bishop
of Ross ; * but four or five of the rest may have been
there much earlier — thus (i) the fourteenth or early
fifteenth century MS. of the New Testament in Eng-
lish,* which bears, in our opinion, the undoubted signa-
ture of Sir William Sinclair, who was of Roslin from
1 5 15. or so, to 1540. (2) A copy of Bede's * Ecclesiastical

course do not tally ; the seventeenth year of James II. began only in 1452.
Hay then says that Sir William St Clair, who flourished in the time of the
Reformation, rescued the book from the spoilers of the Abbey of Coupar-
Angus, and conveyed it to his castle of Roslin, where it remained till Monk
reduced that place in 165 1 (1650). Sir William's signature is certainly on
the book; the words 'Miber monasterii beate Marie de cupro " are also
on the book. But it is not too great a liberty to take vrith Father Hay
to ioiggest that the lxx)k was once .at Koslin, not twice ; that it was bought
by the Karl from Coupar at the great price, and that it remained at Roslin,
like IIayc*s Prose MS., and like it descended to Sir William. (Prefatory
note by A. B. Bibliothecarius to 'Scotichronicon,* Adv. Lib., MS. 35.1.7;
•The Library of the Sinclairs of Rosslyn,* by the Rev. Dr H. J. Lawlor,
Pruc Soc. Scot. Antiq., 1898, pp. 91, 92, 104.)

* * Library of the Sinclairs,' as above.

' They arc : I, an abridged * Scotichronicon * (Adv. Lib., MS. 35.6.7); 2,
another (Adv. Lib., MS. 35.6.8); 3, The Wh>tbank (now "Largs'') MS.
of the 'Scotichronicon'; 4, * Extracta e Cronicis Scocie' (Adv. Lib., MS.
35-6.13); 5, Wyntoun's Chronicle (British Museum, Lansdowne MS., 197);
6, 'Claudii Ptolemaei Alexandrini Philosophi cum primis eruditi de (3eo-
graphia libri octo. . . . Parisiis, apud Christianum Wechelum. . . . mdxlvi '
(in the possession of the Rev. A. T. Grant).

' Bodleian Library: contained among other things in Fairfax, 11. Was
presumably in Scotland before 1538.

XXXvill INTRODUCTION

History.'^ (3) A copy of Fordoun's * Scotichronicon.* ^
(4) The Roslin Missal.^ (5) Haye's Prose MS.* The
list does not pretend to be exhaustive, and other works,
such as James Monynet's MS. of the *Regiam Majes-
tatem,' &c., written in 1488,^ might be added to it.

The earl for whom Sir Gilbert wrote divided his lands
and dignities among his sons ; and Sir Oliver, who was
apparently the second son of his second marriage, re-
ceived all the territories which lay south of the river
Tay. Of these Oliver eventually found it best to
resign a part in favour of his eldest (half-) brother,
William Lord Sinclair ; but among the residue of lands
and castles which he retained was Roslin, and through
him continued the distinctive Roslin branch of the
great Sinclair stem.

Oliver's first charter of Roslin was obtained in his
father's lifetime, in 1476; and his brother's deed re-
signing all claim on that residue was dated 1485.

Sinclair We may suppose that with the castle went the library.

signatures. Q^^t^ij^iy Haye's Prose Manuscript went. On the lower

margin of its first folio (included in the portion repro-
duced above, p. xxii) is the signature "Oliv' Sinclar of
Rosling Kny^ " ® : it is repeated on the blank end leaf

* Bod. Lib., Fairfax, 12. ' Adv. Lib., MS. 35.1.7. See note 2, above.

« Adv. Lib., MS., 18.5. 19.

^ Dr Lawlor gives the date of Dean Gwld*s translation on the last folio,
1554, as the date of the volume, not having penetrated to the earlier date in
the body of the book, and makes Sir William of the same date its first certain
Sinclair owner.

' Adv. Lib., MS. A. 1.28 described, and utilised in Record Ed. of Acts of
Pari, of Scot., vol. i.

^ This signature is reproduced also in Dr Lawlor's valuable monograph al-
ready mentioned, but without being deciphered or identified. For attempting
to do either of these last we must accept the responsibility.

INTRODUCTION xxxix

at the end of the book. This is the earliest signature
in the book, and earlier than any Sinclair signature
on any of the remains, presently known, of the Roslin
library. Both copies of it have been written on the
same occasion apparently, with the same pen, and the
same black ink or pigment now grey with wear. Sir
Oliver not only certified that the book was his, but
read it, as sundry marginal notes in the same bold
irregular writing and the same ink remain to testify.

Sir Oliver died at or about the date of Flodden. His
eldest son George had predeceased him, and by. his
wife, Agnes, daughter of Patrick Crichton of Cranstoun
Riddell, had left no son. William, the next son,
succeeded.^

The next evidence of the possession of the book is
contained in the signature which it bears on the blank
leaf at its beginning, where, across the page in a droop-
ing line, beginning with a large untidy capital, runs
the legend, " In Domini nomine. Amen, Wellelmus Sin-
chler of Rosleng Kny*." We may identify this with
much certainty as the writing of Sir Oliver's son and
successor, William, second of Roslin. Dr Lawlor* re-
produces three undoubted signatures of this Sinclair
from charters which he inspected at Penicuik House.
The writing varies in each case, as is natural with
writing of its class ; but when the signature already
mentioned on the MS. of the New Testament is com-
pared with them and that on Haye's MS., and one on a
bond of man-rent to the queen dated in 1546,^ there is no
doubt left that they are all the work of one man. Wil-

1 Reg. Mag. Sig., 11 April 15 10, xvii. 26. ^ Ut sup,

' Gen. Register Ho., Edinburgh.

VOL. I. d

xl INTRODUCTION

Ham can scarcely have been a minor at his grandfather's
death,^ but his dated signatures are scattered over a period
of more than thirty years — 1518-1549.^

The signature next in order is abundantly certified.
It is "W. Santclair of Roislin Knecht," the signature
which appears below Sir Oliver's in the photograph at
p. xxii. While it has a family resemblance to his father's,
it contrasts with it in its regularity and precision, and
in the rippled lines which generally accompany it,
though not in the photographed instance. It is the
signature of the last Sir William's son, third of Roslin,
Justiciar of Lothian,* and husband of Isobel, daughter
of Ker of Cessford. It may be identified without our
going beyond the book for the proof; for on the inside
of the last board it recurs as "W. Santclair of Roislin.
K. — geir of God i. v. Ixii," and inside the first board
as " W. Santclair of Roislin, Knecht, anno Ixv." *

The Justiciar inherited something at least of a library
and augmented it.^ His books were often in his hands.
One at least of his four or five copies of the *Scoti-

^ His marriage was granted to Bishop Forman of Flodden blame, a
Berwickshire man, who married his relative Alison, daughter of Patrick
Home of Fast Castle, to the youth in 1526.

^ Dr Lawlor, ut sup,

• 'Genealogie of the Sainteclaires,' p. 139.

* With the rippled lines in these cases. In another set of his signatures,
in red ink, scattered through the book, he omits the word "Knecht." This
might be thought to show that they are the earlier signatures, but their other
characteristics do not support the assumption, and his writings made in the
'Extracta e Cronicis,* now in the Advocates' Library (MS. 35.6.13), dispose
of the idea. Passages there in the black ink of his "Knecht" signatures are
enclosed in lines drawn in the red (^.^., fol. 38 dorso), and there is a red sig-
nature with the word "Knecht" (fol. 3).

' Largely with the library of his deceased cousin, Henry Sinclair, formerly
Dean of Glasgow, and latterly Bishop of Ross. See Dr Lawlor, ut sup.

INTRODUCTION xli

chronicon' he largely annotated, and the pages left
blank by the scribe at the end of the * Extracta e
Cronicis Scotiae' (Adv. Lib., 35.6.13) are entirely occu-
pied with his notes. It is clear that he read Haye's
Prose Manuscript with care. Most of his attentions
have been devoted to the first part of it — the *Buke of
Batailles.' His notes are usually for the purpose of
drawing the eye to passages which he thought import-
ant, but in one or two cases he makes additions to
the text. In one place, for example, he fills in the
mnemonic verses containing the names of the Seven
Electors of the Emperors. In relation to this matter
of the Emperors' election he writes the long note on
the half-leaf which is inserted at the beginning of the
book.

The manuscript experienced at Sir William's hand
a peculiar kind of marking of passages which attracted
his notice. He not only dealt largely in underlinings
— mostly in the red ink which he had after a time
adopted — but through long passages he drew red lines
perpendicularly or diagonally, a single line at a time,
through a sentence or sometimes a passage equal to a
paragraph.

If we judge by the contents of the manuscript at
these places — they are mostly toward the end of the
' Buke of Batailles ' — he can hardly be supposed to have
meant his lines for marks of disagreement. If he meant
merely to use a simple method of drawing attention to
the passages which he apparently scored out, it is curi-
ous that he did not draw the lines down the margin.
The only other case that we know of, of marking which
is at all similar, is that in Domesday Book, where the

xlil INTRODUCTION.

names of places which are intended to be prominent
are marked with a red line, which runs horizontally
through the word.^ It may, however, be that Sinclair
so marked the passages which he failed to find in some
other copy of the book, possibly in French. That
there were such copies of an abridged kind we know.
The French manuscript in the Edinburgh University
Library is one of them. It, however, contains some at
least of the passages which are scored through in Haye,
and many much more condensed than those which he
let alone. Roslin library, which at that time possessed
four or five manuscripts of the ' Scotichronicon,' may easily
have contained more than one copy of the *Arbre des
Batailles.'^ Indeed it may be thought that there are
evidences that Haye compiled his Buke of Battles
directly from two manuscripts.

It was for this Sir William that Dene Thomas Gwld
made his translation of the Bishop and Chapter of
Orkney's genealogical certificate, which Sir William, if
we judge aright, himself copied out in the last folios
of Haye's volume. The account of the Procession at
Antwerp, there too, seems also to be in this Sinclair's
writing. And it is to him that we somewhat timidly
ascribed the note in the Cokburn MS., "Per manum
venerabilis viri G. H."* The Justiciar died about the
beginning of the year 1585; his will was registered in
Edinburgh on the lOth February of that year.

Haye's manuscript descended to the Justiciar's son

^ Sir Duffus Hardy considered Domesday Book unique in that respect.
^ As we have also suggested, it may have had several copies of collections
of the Scots laws.
• Gilbert Haye ? AntCt p. xxxiv.

INTRODUCTION xHii

and heir, William 4th of Roslin, who married Janet,
daughter of Edmonstone of that ilk, and whose stilted
signature (on fol. 2) on a great scale reads "D[ominus]
Sinclair of Roisling,"^ The same signature appears
on the ' Extracta e Cronicis,' along with the date
" iS9i/2/January," and is found appended to charters
dated 23rd July 1585 and 22nd January 1610.* It is
the earliest Sinclair mark on the * Roslin Missal/

There is no certain mark of the possession of the
book in the time of the next laird, William, who married
Anne, daughter of Archbishop Spottiswood.^ But there
occurs twice, and in both cases upside down, a weak
signature which begins with a long flourish, and runs
"William Sinclair of rosling." It may possibly be the
writing of the son of William and Anne. He is said to
have died abroad in his father's lifetime without issue.

Roslin remained in the hands of its old lairds till Later
1723 ; but the signature last mentioned is the last Roslin-
Sinclair mark on the manuscript* It is in the time of
the Archbishop's son-in-law that we have the first evi-
dences that the Roslin books were being scattered.^
Several of them, still extant, have the mark of having
been in the possession of Sir James Balfour of Denmilne,
Lyon King of Arms, and greatest book-collector of his
day. Balfour's acquisition of these books may be dated
about the year 1629 or 1630. Some of the Sinclair

^ MS., fol. 2, foot, margin. ' Dr Lawlor, ut sup,^ p. 95.

* A facsimile of his signature ** S[ir] W. Sinclare," date nth December
1 61 8, is given at p. 96 of Dr Lawlor*s monograph.

* There occurs, near the edge of each of the boards, a small neat signature,
"Mr J® Thomsone." It is in the style of the sixteenth century, and appears
to be as early as those of some of the later Sinclairs.

* The Laird of Roslin of those days was a rake and a spendthrift. — Dr
Lawlor, ut sup., p. 112.

Xliv INTRODUCTION

MSS. may have remained at Roslin till General Monk
sacked the castle in 1650. This has been asserted
of the Coupar MS. of the * Scotichronicon.' ^ Haye's
manuscript bears no Denmilne mark, nor any record
of its fortunes at this time, unless the injuries to its
binding may have been received during the sack. We
cannot tell when Haye's manuscript left the possession
of the Sinclairs ; but somewhere in the seventeenth cen-
tury it fell into the hands of a family of the name of
Curry. The words, "James Cury Indwellar in Creland
these," occur on one of its pages in writing of that cen-
tury. Two generations of James Cury, Cuury, Courey,
Courry, or Curroy, had the opportunity to scribble their
uncertain name, and sums and things, over the book
with an idleness and irreverence never shown by the old
Sinclairs. And the younger Curry had companions who
wrote their names there too with James Curry, junior's,
pen, if indeed he did not sign for them ; their names
are George Cranstone and L. Borthwick.^ The Currys
have left no evidence that ever they read the book.

In addition to these names there is a scrawl on folio
I, which may perhaps read "Duncan Gillesse." It may
be a signature ; if not, it may relate to the rudely drawn
figure of a knight, booted and spurred, beside it — a heavy
ink blot which has sunk almost through the paper, and
part of which somewhat spoils the appearance of the
photograph of the manuscript on the other side which
forms our illustration at p. xxii.

Haye's manuscript cannot have been long out of the

^ Father Ha)r*s, note, Adv. Lib., MS. 35.1.7. See Dr Lawlor, ut sup.^
p. 92.
« Fol. 36.

INTRODUCTION xlv

clutches of the Currys ere it came into the hands of the Dr George
first person, after the Justiciar, who certainly made some
use of his possession — namely, Dr George Mackenzie,
author of the * Lives and Characters of the most Emi-
nent Scots Writers.' Mackenzie does not say how he
acquired the book. It may have returned to the Sin-
clairs before he got it, or it may have been shown to
him on account of his father's Sinclair alliance, as
well as his own reputation as a biographer.^ Colin
Mackenzie, third son of George, second Earl of Seaforth,
married twice — firstly, the youngest daughter of Sir
William Sinclair and Dame Anne Spottiswood ; and
secondly, Jean, daughter of Bishop R. Lawrie of Brechin.
Dr George and a brother were the sons of one of these
marriages.

At the outset of the third volume of 'The Lives*
Mackenzie gives a " life " of Sir Gilbert Haye, and states
that the manuscript was then (1722) in his possession.
From the use he makes of it in that volume one is apt
to think that if he had possessed the manuscript in
171 1, the date at which he published his second volume,
he would have used it then. We may therefore con-
jecture that he acquired the volume between these
dates. Dr Mackenzie closed his chequered career at
Fortrose on 28th November 1725.

The next information concerning the manuscript is to
be found in an appendix to the Rev. Dr Barry's * His-
tory of the Orkney Islands,' the first edition of which
appeared in 1805.^ The History contains both the orig-

^ He had published two volumes of his Lives (vol. i. in 1708, vol. ii. in 1711)
some years before 1722, when he made use of his acquisition.
' 4to, p. 404 ; 2nd ed., 1808, 4to, p. 410.

xlvi INTRODUCTION

inal Latin and Dean Gwld's translation of the Bishop
of Orkney's letter ; and the title of the appendix which
contains the translation is entitled thus : —

" Dean Gule's Translation of the foregoing Deduction
of the Orkney Counts, transcribed from the Original
Copy bound in with Dr Bennet's Book of Battles, a MS.
originally belonging to the Family of Roslin, the Second
Page being subscribed by William Sinclare of Roslin, at
whose desire the Dean says this Translation was made.
It afterwards fell into the Hands of Dr George Mac-
kenzie, who in the Beginning of the Third Volume of
his Lives mentions it at large. . . . The late Mr James
Mackenzie had the MS. from Hildin, Dr George's
Nephew; which he again gave to the Lord Sinclare,
who promised to lodge it in the Advocates' Library,
Edinburgh."

" Hildin," from the manner in which Barry uses the
word, is the name of the " nephew's " lands. But, so far
as we can find, Dr Mackenzie had no nephew. At his
death his and his only brother's lines became extinct.^
We may therefore suppose that * Hildin ' meant his cousin,
Mackenzie of Kildin, descended from his father Colin's
next elder brother.

In the MS. annotations, added in the unrecognised
handwriting of some Orkney scholar to his copy of
Wallace's 'History of Orkney,' a book published in
1700, is a reference to the Latin original of the Bishop's
letter, which was "In a quarto MS. I had from Kildin
out of Dr George [Mackenziej's Library." The late Dr
Small of the Edinburgh University Library thought that
this annotator, whose notes he printed in his edition of

^ ' History of the Mackexmes,' by Alexander Mackenzie, 1879, P* 205.

INTRODUCTION xlvii

Wallace (Edinburgh, 1883), might have been Malcolm
Laing, the historian.^

Kildin, then, gave Haye's manuscript to Mr James
Mackenzie, who in turn gave it to the Lord Sinclair.

Henry Lord Sinclair^ died in 1723, two years before Lord
Dr Mackenzie. His eldest son, John, Master of Sinclair,
being then under sentence of forfeiture for complicity
in the '15, the Sinclair honours and estates devolved on
his second son James. In the session of 1735-36 John
(or James for him?) procured a parliamentary release
from the disabilities entailed on him by his forfeiture.^
James thereupon gave up to him the family estates ;
and he enjoyed them till his death in November 1750.
John was never restored to the title, which had already
passed to James. James, who rose to the rank of
lieutenant - general in the British army, survived till
November 1762, and for the second time inherited the
Sinclair estates — this time from his brother — but he
never assumed the title ; and after his death the peer-
age was not again exercised till 1782, when it had
been for two generations in the right of the house of
Herdmanston.

The date of Barry's book — 1805 — suggests that the
precious manuscript was presented to the Lord Sinclair
of that day, or at least one of the lords of the Herd-
manston house. But the manuscript itself at this point
resumes its assistance. On the inside of the first board
of the book are the remains of a book-plate of the early

^ It cannot have been Barry, who was bora (in Berwickshire) only in 1748
(Scott's Fasti Ecc, v. 379).

* His number is at present unsettled. Wood's 'Douglas' calls him the
seventh lord ; Burke, who called him the eighth, now says tenth.

' 9 George II., Private Act 28.

Xlviii INTRODUCTION

Georgian style. The plate has been pretty effectually
scraped off, but the scraps which remain coincide with
the corresponding parts of a book-plate, which we con-
clude was that of Henry Lord Sinclair already men-
tioned, and which was also possibly used by his son
the forfeited Master during his brief reinstatement in
his father's inheritance. Even before the passing of the
Act of 1735-36 the Master was living openly at the
family seat of Dysart, in Fife, administering the family
estates and calling himself Lord Sinclair.^ And in the
Edinburgh Register of Testaments, where his will was
recorded on 29th July 1752, he is called John Sinclair
of Sinclair, commonly called Lord Sinclair. In the cir-
cumstances it should be explained that the plate con-
sists of a complete heraldic achievement. It contains
the shield and supporters of the Lords Sinclair, with a
baron's coronet, peer's helmet with mantlings, and crest
— a swan rising from its nest. The motto — Fide sed
Pugna — is in the compartment under the shield, in
which also, under the motto, is the word "Sinclair."
The crest and motto, and the fact that the book-plate
is found on other books from the Dysart House Library,
prove the plate to have belonged to the old stock. The
plate also proves itself to be earlier than the General's
book-plate, by providing the explanation of some of the
peculiarities which the latter plate exhibits. The General
used a book-plate which comported with the part he
played in the family. It is a copy of the plate we take
for his father's, with the exceptions that the helmet is

^ E,g.<t in a letter signed "Sinclair," dated "Dysart, 31 Dec. 1730,"
addressed to Sir John Erskine of Alva, and arranging to lend some colliers.
(Letter in the possession of the Rev. Robert Paul, Dollar.)

INTRODUCTION xHx

altered into a compromise between a peer's and an
esquire's ; the coronet is omitted ; the crest, helmet, and
mantlings remain raised above the shield as formerly,
and, to fill the space thus left by the omission of the
coronet, two straps are inserted, by which the shield and
its supporters, and their compartment as well, seem to
hang suspended from the helmet. Instead of the word
"Sinclair," are the words "James Sinclair of Sin-
CLAIR Esq." The use of the legal designation " Esquire,"
with or without the words "the Honourable," was not
uncommon at that time among the sons of peers. It
was used also in designating officers in the army, both
with and without the title of their rank. The General's
plate is clearly an adaptation from the other ; it is, on an
attentive comparison, also distinguishable from the other
by the inferiority of its execution.

We thus conjecture that the Haye manuscript was
presented by James Mackenzie to the reinstated Master,
"commonly called Lord Sinclair," somewhere after 1730,
the earliest date at which, so far as we know, he was
back at Dysart, and probably not long before 1750, the
date of his death.

It is not difficult to imagine why Mackenzie should
have presented Haye's manuscript to the representative
of the House of Sinclair, who was the eldest male
representative of the earl for whom it was originally
written, and whose brother the General had come, in
I739» by purchase into possession of the castle and
estates of Roslin.^

^ As "Colonel James Sinclair, second son of the deceased Henry Lord
Sinclair," he obtained a charter of resignation of Roslin on 12th February
1739. Reg. Mag. Sig., xcvL 103.

1 INTRODUCTION

Dysart on the Generars death went through the female
line into the hands, in quick succession, of Pattersons,
Wedderburns, and Erskines. But we know nothing of
the wanderings of Haye's manuscript till Dr David
Sir Walter Laing finds it in the library at Abbotsford. Sir Walter
^^^ Scott either had not the book or did not know what
was in it when, about the year i8i8,^ he wrote his notice
of Roslin for the * Provincial Antiquities.' On the other
hand, the library of which the. manuscript is a part was
completed in 1826. That is the latest date at which the
book can have reached Abbotsford. If the former date
is probably earlier than its arrival there, the announce-
ment or publication a few years after of these essays
on Antiquities may have been the means of inducing
the possessor of the manuscript to present it to their
author.

When Lieut-General Sinclair died he left his sister's
son. Colonel James (Patterson) Sinclair, his heir. When
the Colonel died the estates went to Sir James Erskine ;
but he left his personal property to his grand-nephew,
John Anstruther Thomson of Charlton, who was one of
Sir Walter Scott's intimates. From 18 16 onward they
met frequently in the small company of friends which
called itself the Blair Adam Club.^ Scott had been at
Charlton when the club met there. It would be pleasant
to think that the manuscript came into Sir Walter's hands
by way of gift ; and it is not unreasonable to suppose that
Thomson, if he had it in his power, should have presented
the great curioso with so unique a relic.

The obliteration of book-plates when books changed

* Lockhart's * Life of Sir Walter Scott,' vol. iv. p. 220.

^ Thomson was son-in-law to Chief Commissioner Adam of Blair Adam.

INTRODUCTION li

hands was the rule in those days. It was only a kind
of process of " cutting of the evidents " ; for the book-
plate then, and indeed till within quite recent years, was
merely a mark of ownership and of no value in itself.

It is not known if Sir Walter ever examined his
treasure, and the manuscript slept at Abbotsford till
Dr Laing received a copy of the catalogue of that
library (printed in 1838), and by its title there — "Here
begynnis the buke callit the Buke of the Law of
Armys," &c. — thought he recognised the book described
by George Mackenzie, and since believed to be lost.^

The manuscript then entered upon a new period. Dr Prints
Laing superintended the printing of the second work w^
which it contains, the * Buke of the Order of Knichthood,'
for the Abbotsford Club. The volume was issued in 1847,
and contained, besides the * Buke of Knichthood,' sundry
extracts from the ' Buke of the Law of Armys * and the
* Buke of Chevalerie.' It contained also a preface which
was signed and probably constructed by Beriah Botfield
of Norton Hall, the donor and at least nominal editor of
the print ; the facts of the preface are supposed to have
been supplied by Laing. This is the extent to which any
print has hitherto been made of the principal contents
of the book. Of the minor contents of the book,
the letter of the Bishop and Chapter of Orkney was,
as we have seen, inserted in an appendix to Barry's
'History of the Orkney Islands.' It appears also in
parallel columns with its Latin original in the Bannatyne
Miscellany, iii. 65.

^ See 'Buke of the Order of Knichthood,* Preface, Abbotsford Club
edition, and Laing's notice of Sir Gilbert Haye in the Introduction to his
ed. of Dunbar's Poems, i. 42.

Hi INTRODUCTION

The greater portion of the book, which is also its
earliest and most important part, has somewhat un-
accountably been hitherto passed over. The fragment
issued to the members of the Abbotsford Club under
the title of * The Buke of Knichthood ' is both rare and
dear. It seemed desirable to obtain a complete and
consecutive print of the whole manuscript ; and it is
thus that, by the leave of the Hon. Mrs Maxwell-
Scott of Abbotsford, the Scottish Text Society now re-
produces the earliest Scots literary prose work — cer-
tainly the earliest dated prose work — for the first time
in its entirety.

4. THE PLACE OF HAYE'S MANUSCRIPT IN EARLY

SCOTTISH PROSE.

Chronolo- Few are the remains, few even the records, of the

cnc&l dIsicc

vernacular prose literature produced by Scotland before
the end of the fifteenth century ; even along with the
vernacular books and chapters which we find in the
early collections of the Laws, the list is not long.

It begins with " The Bute Manuscript " of laws, written
probably in the latter half of the fourteenth century,
and described and used by the compilers of the Record
Edition of the Acts of the Parliaments of Scotland.^
The manuscript contains twenty-five pieces, of which an
important six are in Scots, namely — 13**, "Chalaynge
of Transgression," and " The Fourme to mak clepe,
and cal apon brekyng of proteccyon " ; two chapters :
19^ "Leges Burgorum Scocie"; 114 chapters — a "fine

^ Vol. i. p. 183 ; Prefatory " Notice of Manuscripts," pp. vii-ix.

INTRODUCTION liii

ancient version of the Burgh Laws much used by
Skene, who refers to it in his first MS. (Adv. Lib., MS.
A, 3, i6)^ under the description of Liber Scoticus":*
22**, " The Assise of brede and the payse eftyr the price
of the qwhete thrw the aulde assise of Kyng David " :
23°, " Of custum " : 24**, " Of law and the custume of
schippis": 25^ "Of wecht in Flandrys, and reknyns be
the price of the mone."

Along with the Scots portions of the Bute MS., we
may take into consideration the wills, indentures, and
other legal deeds of the same period.

The appearance of the language in such documents
of precision indicates that a considerable fixity in the
forms and meanings of its words and phrases had been
already conceded by the learned — presupposes, in fact,
a respectable body of Scots prose literature in the four-
teenth century.

These laws and legal documents are not mentioned
here, however, merely as an evidence of an anterior
literature, but as specimens, more or less cramped and
limited perhaps, like most specimens, of the literature of
their own day. We cannot exclude them from such a
survey as we should exclude the work of the Parlia-
mentary or legal draughtsman from the general litera-
ture of to-day. The language had not lasted long
enough, or the subdivision of labour had not proceeded
far enough, to result in the creation of a separate
technical language of the law.

In the Priory of St Andrews, perhaps about the year
141 3, there was "an old book, written in the ancient
dialect (idiomate) of the Scots." It was the book from

^ Now numbered 7. 1. 10. ^ ** Notice of Manuscripts," ut sup.^ p. ix.

liv INTRODUCTION

which the extant Memoria of the benefactions to the
Priory of Loch Leven were derived.^ We might ex-
pect notices of many such old Scots books in the
Inventories of the old church libraries, but the absence
from these of titles which indicate that the books they
represent were written in Scots is almost uniform. Even
if we suppose that Wyntoun and Barbour were better
served, and that Scottish books lurked here and there
behind such titles as "Nomina regum Scotiae, et Pict-
orum " — a list said to have covered three or four folios —
or " Relatio quo David, filius Roberti regis factus fuit
miles A** 1331,"^ the pre - Reformation Church never
possessed much vernacular literature.

It may have existed, however, in good amount in the
houses of the laity. Wyntoun's metrical chronicle was
written at the instance of a layman — "Schir J hone of
the Wemys." Haye's three prose translations were
made, as we have seen, for the Earl of Orkney and
Caithness, and his * Alexander ' for the Lord Erskine.
Ireland's treatise — to be mentioned anon — was written
for, though not at the command of, King James IV. ;
and Bellenden's translation of Boece was made by com-
mand of James V. Earl " Bell-the-Cat," according to Sir
Walter Scott, thanked St Bothan that none of his sons
save Gawane could " pen a line." But it has been pointed
out that his sons could at least sign their names,* and his
own signature is sufficiently regular to be one of the best
known and most easily recognised of his time.

The energetic letter by the Earl of March in 1400,*

^ * Liber Cartarum Prioratus Sancti Andree,' p. 113, and Preface, p. xiv (Ban-
natyne Club, 1841). '^ Ibid., p. xxvi.

^ The Douglas Book, 1885, ii. p. 106, note 3.
* i8th February 1399-1400. Nat. MSS., ii. No. liii.

INTRODUCTION Iv

and that of James of Douglas in 1405 (?)/ both addressed
to Henry IV., King of England, are enough to show
that the members of their order in the fourteenth and
fifteenth centuries were familiar with Scots as a written
language, and deemed it fit for use on the greatest
occasions. It "ys mare clere to myne understandyng
than latyne ore Fraunche," wrote the Earl.

The fact that the laws which they largely adminis-
tered were frequently written in Scots is another proof
that the governing classes of the laity were conversant
with the language of the people. Of the fifteen or
perhaps sixteen fifteenth-century collections of laws, de-
scribed by the compilers of the Record Edition of the
Acts of Parliament, at least five are partly in Scots,
a sixth is wholly, and a seventh almost wholly so.

The register of all general legislation by Parliament
from the reign of James I. onward has been in Scots, if
we may judge without having actually the original record
of the earliest parliaments. And so were the decisions
in Causes and Complaints by the Lords Auditors, and
the Lords of the Council.

Still it happens that Sir Gilbert Haye's prose trans-
lations, dating six years after the middle of the fifteenth
century, are the earliest extant dated Scots prose which
is not either a legal document, a law, or a letter.

John of Ireland's prose writings — those three of them
which were written in Scots — follow Haye's. The first
and second of them, as Ireland himself says in the
third, in 1490, were, " twa bukis I maid befor in the
castell of Edinburgh in this langage, the first lentryn
that I preichit in this toune. Ane is of the Comman-

^ In Pinkerton, i. App. viii., Nat. MSS., ii. No. liv.
VOL. L e

Ivi INTRODUCTION

dementis and uther thingis pertenand to the salvacioune
of man. The tothir is of the tabill of Confessioune."
Both of these books are most probably lost

The third of Ireland's works has fortunately been pre-
served ; ^ it is a treatise on the principles of the Christian
faith, with much practical advice and exhortation, ad-
dressed to King James IV., and written in Edinburgh
in the year 1490. Unlike Haye's manuscript, it is
avowedly an original composition, and in that respect
is the first of its kind in Scots.

Ireland, who was a priest, seems to have thought
himself somewhat of a literary innovator. He firstly
defends himself for writing in prose, as if a book for a
layman was expected to be a ballad. And he after-
wards repeatedly talks as if he felt it necessary to
apologise for writing the book in the vernacular, or, as
he sometimes, perhaps always, calls it — English, instead
of in "the tounge that I knaw better, that is Latin."
He explains that he had been "thretty yere nurist in
Fraunce, and in the noble study of Paris in Latin
tounge and knew nocht the gret eloquens of Chauceir,
na colouris that men uses in this Inglis metir that gret
clerkis makis na counte of."

After, if not along with, these works of Haye and
Ireland, we may place several minor prose works — *The

^ Ireland's MS. (Advocates' Library, MS. 18.2.8). Although this hitherto
much neglected MS. will doubtless be printed at no distant date, the fullest
notices of it and its author, as yet available, are in two articles by the
present writer — viz.: "The Earliest Scottish Original Literary Prose (?) —
John of Ireland's Manuscript" — 'Scottish Antiquary,' July 1900, vol. xv.
p. I, and "The Scots Version of the Poem *Moder of God '"—* Scottish
Antiquary,' January 1899, vol. xiv. p. iii.

V

INTRODUCTION Ivil

Craft of Deyng/ *The Wisdom of Solomon/ and a
curious piece on the " vertewis of the mess." ^

"The Spectakle of Luf," a real or pretended trans-
lation from the Latin, states in its colophon that it was
written by G. My 11 at St Andrews in July 1492. The
only known manuscript of it is contained in the Auch-
inleck Manuscript, and is supposed to date from 1515
or thereabout. There is more evidence of the trans-
ition period in the language at the end than in the
other parts of the piece.^

In the same Auchinleck Manuscript is "Ane Schort
Memoriale of the Scottis Croniklis for Addicioun."* It
is concerned with the reign of James II. (1436-37 to
1460), and has been said to belong to that period.
The text, however, as we have it, belongs to the later
transition, showing more of its influence than does the
"Spectakle" just mentioned. It is unnecessary for our
purpose to extend the list for the purpose of including
the works of the sixteenth century. For these Sheriff
Mackay's useful catalogue may be consulted.*

To assign to Haye's manuscript a definite linguistic Linguistic
place is more difficult. It belongs to the period when ^^^^'
the definite article or demonstrative adjective "a" was
still the rule before consonants.

The manuscript belongs also to the period when the

* MS. KK. I. 5, Cambridge University Library, port 6 ; printed for the
E.E.T.S., under the title of * Rate's Raving and other Moral and Religious
pieces in prose and verse,' ed. by J. Rawson Lumby, M. A., 1870.

' Printed in Bannatyne Miscellany, vol. ii.

^ Printed from the manuscript by Thomas Thomson in 1817 or 1818, and
subsequently issued as the ** Auchinleck Chronicle, 1436- 1460- 1.'*

* Pitscottie's Chronicles (Scottish Text Society's edition), I cxxiv.

Iviii INTRODUCTION

past tense and participle, in "t" instead of "d," was
the rule, but not yet invariable. Thus on page 6} "dis-
teyngeid all the lave " ; page lo, " signifyed till us " ; page
II, "was accomplisid " ; page 254, "feyned traisouns."
But there are other evidences of transition. We have
bath, cas, have, dede, hede, wele, ches, townis, buke,
gudis, and also maid, thai, thair, bataill, &c.

From the circumstances of the origin of the book, we
expect to find the text rich in words and phrases
which are at least French in origin, and we find it so.
But it is a question of a nicety beyond the fineness of
our own apprehension how much of these features should
be referred to the original French which lay before
the translator's eyes, how much to his previous long
sojourn in France, and how much to the Scots as he
found it spoken around him in the little court at Roslin
Castle. Perhaps we ought to say no more than that
our general impression, left after perusal of the text of
the *Buke of Bataillis,' and after collations of it with
any of the MSS. and prints of the original 'Arbre des
Batailles' which we have seen, is that a very large
proportion of the words and phrases of French origin
in it was probably taken directly from the French MS.
or MSS. which he translated.

How far Haye's work is that of recension, how far
mere translation, is another matter of doubt — perhaps
now unsolvable. All the early MSS. copies of Bonet's
book differ from each other, as MS. copies of similar
works do. Haye's translation, which seems to have
been made from an original or originals which were

^ These instances are taken from the ' Buke of the Law of Armys,' which
is included in this volume.

INTRODUCTION lix

themselves apparently as full and as early as any of
the French copies which the writer has seen, is itself
probably a tolerably complete version of Bonet's original
work. Haye*s work, however, differs from all these
copies in some respects, principally, in the * Buke of
Bataillis * at least, in the arrangement of some parts of
its contents. The more salient of these peculiarities of
arrangement in the Scots manuscript shall be mentioned
in the course of the sketch of its contents to which we
shall presently proceed. Haye speaks of Bonet freely
in the third person — "Here speris the doctour" is his
commonest way of beginning a new topic; and at least
here and there are manifest expansions of his own on
" the doctour's " text.

5. THE PRINCIPLES OF THE EDITING.

Before closing the general Introduction to the print
of Haye's manuscript, it seems right to add a note
explaining the principles on which the editor has gone
in framing the printed text.

In a case such as the present, the general assump- A faithful
tions, so far as the text is concerned, must be that the wg^° *
translator in every case has said what he meant to say,
and that the scribe has written it down correctly, in the
spelling he intended. The editor's mental reservations,
if any, must be relegated to the Notes, for his principal
function is to produce an accurate print of the manu-
script. The mistakes of the translator are treated as a
part of the text ; those of the scribe have been cor-
rected only when they were obvious, and when the
correction needed was evident.

Ix INTRODUCTION

No alteration, therefore, on the exact wording of H aye's
manuscript has been made, save —

1. Where a word has been duplicated by undoubted
inadvertence. In this case the duplication is omitted.

2. Where a word has obviously been mistaken by the
scribe for another of a similar sound, to the destruction
of all meaning, such as we fot he. In this case the
blunder has been rectified.

3. Where a word has been written and subsequently
intentionally obliterated by the scribe. In this case the
word has been omitted.

In all cases the fact has been mentioned in the Notes.
No addition to the MS. of the original scribe has been
made save —

1. Where a manuscript addition or comment relative
to the text has been found on the MS., written in an
ancient hand. In such a case the addition has been
printed on the margin or otherwise as it occurs in the
original ; and in every case the fact is mentioned in the
Notes.

2. The marginal numbering of chapters, where omitted
by the scribe, has been supplied within square brackets.

Words written in a contracted form without any mark
of contraction have been printed so ; but where there is
a mark of contraction it is interpreted, and the word
which it marks is printed at full length. In cases
where a contraction mark is ambiguous, either from its
form or its position, the word has been extended accord-
ing to its form in the nearest instance in the MS., in
which it, or a word parallel to it in form, is written out
in full by the scribe himself

Extensions are not made in italics.

Quotations in other languages are not marked by the

INTRODUCTION Ixi

scribe of the MS. in any way, as by underlinings or
quotation marks. It is also sometimes difficult to say
precisely what word a quotation begins with. In the
print, therefore, neither italics nor quotation marks have
been introduced.

The punctuation on the MS. is of two kinds : the Punctua-
first a heavy mark, which occurs here and there irreg-
ularly, and is evidently made by the scribe during the
writing of the text. It is generally equal in value to a
full stop, but may sometimes stand for a dash. The
second is a thin diagonal line or brace of lines, which
may be equivalent sometimes to something less than a
modem comma, sometimes to something more, and some-
times to nothing at all in regard to sense. These lines
may or may not have been made by the original scribe.
They are more numerous at the beginning than at the
end of the manuscript.

The initial capital letter, which is a part of the modern
system of punctuation, when used to mark the begin-
nings of sentences, is not so used in the manuscript with
any constancy or clearness.

Punctuation is an integral part of the manuscript of
the modern stylist, but it was not so to the like of Sir
Gilbert of the Haye. In the manuscript of the *Buke
of the Law of Armys' the translator has evidently
dictated no punctuation. What exists is the work of
the scribe, not of the author, or, at least, the work of
some scribe who was not necessarily the author. The
latter alternative is necessary to be remembered, as the
punctuation, by its appearance, may have been added
after the MS. was complete. But in whichever way it
was done, there is some doubt as to its value, and as
to whether it consists of more than breathing marks.

Ixii INTRODUCTION

If the marks which it employs were in any degree
equivalent to our punctuation marks, they would some-
times destroy the sense of the text in which they occur.
For these reasons the so-called punctuation of the MS.
has been omitted, with the exception that it has been
retained in the print of the first folio in order to afford
the reader a specimen of its incidence.

The editor has introduced modem punctuation in the
stead of the old, even to the extent of putting the
initials of the first words of sentences in capitals, and
in reducing capitals in other places to "lower case" in
accordance with modern practice.

When in the use of capitals for other purposes the
practice of the scribe has been uniform, it has been
respected. Thus the word " Emperor " retains its capital
"E," while the word "pope" remains with its small
letter. It is often difficult to say if the initial letter
of the word "God" is capital or not in the MS. It
has not been uniformly made so in the print.

In the case of names, of no persons nor places has
the practice of the scribe been uniform ; but capitals,
with the exceptions already mentioned, have been used
in the print in these cases for the convenience of the
reader.
Para- In the original manuscript each chapter, with perhaps

graphs. Qj^g exception, forms a continuous paragraph. This

method has been retained in the print.
Translit- The general principle observed has been that the
manuscript should be printed in the English characters
of the present day which most nearly represent the
values rather than the shapes of the characters or signs
used by the scribe.

eration.

INTRODUCTION Ixiii

Some, however, of the letters which have been used
in the print to represent these signs require obser-
vation.

b and v in the MS. are sometimes undistinguishable.
They have been interpreted as ^ or as z/ according to
the circumstances in which they occur.

c and t are sometimes distinguishable, as in at least
one case of the word jurisdictioun^ sometimes not.

ff. When this double letter occurs at the beginning of
a word — e,g,, ffor — it has been taken as a capital letter,
and printed F ox f, according to the rules of modern
punctuation already referred to.

/, y, are used in the manuscript as in others indiffer-
ently as regards sound. In the print the vowel is repre-
ented by / and the consonant by j\ Thus the words
which by imitation of the forms of the letters in the
MS. might be spelt jmure, is spelt injure,

u and V. These letters are generally our v and «,
and, when so, are so printed.

V and w are not used in any way indifferently, nor
does the one usurp the functions of the other, as in the
Taymouth transcript of Haye's 'Alexander.'

w is sometimes used instead of ». In these cases it
has been preserved.

<y. In only one case has an imitative letter been
introduced into the print — namely, where 3 has been
used for the long letter which occurs where sometimes
y now is used, and sometimes a sibilant.

Footnotes have been avoided, and all matters of com-
ment not adverted to in the Introduction or Preface have
been relegated to the notes at the end of each book.

Ixiv INTRODUCTION

BoneU

HONORfi BONET AND HIS *ARBRE DES

BATAILLES;

The * Buke of the Law of Armys ' or * Buke of Bataillis/
as already said, is a translation or recension of the
* Arbre des Batailles ' of Honord Bonet.
Honors Of Honor6 Bonet — as the best authorities spell his

name — we have few personal details.^ We know, how-
ever, that he was a monk of the Order of St Benedict,
an Order well seen in history, that he made a journey
to Rome in 1368, and that 1343 is the latest date at
which we may presume him to have been born. As
he tells us in the prologue of his book, the country
of his birth and upbringing was Provence. In 1382 he
made two orations in name of the Provengal students
at the University of Avignon. He became Prior of
"Salon" — or, as it is now shown to have been, Selon-
net — in the diocese of Embrun, in the same year, and
shortly thereafter was made a Doctor in Decrees. It
was then that, with the flourish of " Prieur de Salon "
(for so most of the MSS. have it) and "Docteur en
Decret,*' he began to write the great account of war
and its rules, which he called *The Tree of Battles.'
Bonet's designation of himself at the outset as a

^ All that is known or likely to be discovered about Bonet has been col-
lected and set forth by Professor Ernest Nys of Brussels, already mentioned,
in his monograph on " Honore Bonet et Christine de Pisan," which appears
on p. 145 ei seq. of his masterly and instructive * 6tudes de Droit International
et Droit Politique,' Brussels and Paris, 1896. Reference may be also made to
the Professor's Introduction to * L' Arbre des Batailles d'Honor^ Bonet,' pub.
at Brussels, &c., 1883.

V

INTRODUCTION Ixv

Doctor serves to date the beginning of his labours at
not earlier than 1382. The civil war which he speaks
of in the course of the book as then raging in his
native country of Provence came to an end in 1387,
so to the period between these two dates we may refer
the most, if not all, of the work.

Some expressions which he makes use of in the book
itself, and in his later work, the 'Apparition de Jehan
de Meung,' lead one to think that he composed it, or
part of it, in Paris.

Before 1390 the *Tree of Battles* had procured for
its author a great reputation for learning and ability ;
in that year King Charles VI. attached him to the
Royal Commission which he sent to report on the
disorders rampant under the Due de Berry's adminis-
tration of the provinces of Languedoc and Guyenne.
The report resulted in the recall of the duke.

Honord Bonet had been born into a world that was
racked by divisions and strifes. He was a man of
peace and order ; but for the attainment of peace and
order he was not afraid to descend into the battle.
According to the interpreters of the time, the Pope
and the Emperor were the sun and the moon of
Christendom — the divinely settled rulers of the spiritual
and temporal worlds. When this sun and moon
quarrelled, Bonet, a Churchman by calling, and by
adoption a Frenchman, took the side of the sun.
When two suns appeared in the heavens, he sided
with the sun that shone at Avignon. But when the
sovereignty of France came to be discussed, Bonet pro-
claimed that France was dependent on neither sun nor
moon. Indeed, before his argument was ended, he had

Ixvi INTRODUCTION

forgotten all about the office of the moon, denounced
the Emperors for a line of schismatics, and propounded
the divine right of good government, the application of
which he limited, however, to the case of France.

The Prior was finally obliged to desert his benefice
and to take refuge in Paris, to escape the vengeance
of Raymond Roger, Viscount of Turenne, whose claims,
under an alleged deed of Gregory XL, he had supported
Clement VI I. and the Queen-Regent, Mary of Blois, in
resisting.

"Thanks to its university, Paris, to which the Prior
of Selonnet retired, constituted at that time the most
powerful intellectual centre in the world. Bonet's place
seemed to be marked beforehand in the centre of that
group of noble spirits who, Gerson at their head, were
truly the directors of the public opinion both of France
and of Western Europe. Patriot and Christian, Bonet
threw himself boldly into the fight, and we have still
two works of his as evidences of his talents — the * Som-
nium Materea Scismatis,' ^ and the ' Apparition de Jehan
de Meung.' ^ In both he deplores the ills of the Church,
and points with force to the means by which a remedy
for a sorrowful plight may be found, and a mutual
understanding and harmony may be restored among the
the faithful." »

But the Prior's greatest work was the treatise with
which we have at present to do — his ' Tree of Battles.'

^ * Un ouvrage in^it d'Honor^ Bonet,' par Noel Valois ; Annuaire-
Bulletin de la Soci^te de THistoire de France, xxvii. 193.

^ ' L* Apparition de Jehan de Meun, ou le Songe du prieur de Salon,' par
Honor6 Bonet, docteur en d^cret — pub. by the Society des Bibliophiles
fran9ais, with a preface by J^r6me Pichon, Paris, 1847.

' * Etudes de Droit International,' p. 145 et seq,^ cited above.

INTRODUCTION Ixvil

The fame of the original book, and the number of MSS. of
excellent manuscripts of it which still exist, make it all ^^^ ^^
the more remarkable that our Scots manuscript is perhaps tailles.'
the only version in any of the Teutonic languages.^

The Edinburgh University Library possesses a manu-
script in French.2 The Bodleian Library at Oxford
possesses another.^ The British Museum has three.*
There are several in the libraries in Brussels, more in
Paris ; and Aix, Grenoble, Rouen, Soissons, San Lorenzo
del Escorial, and some other places, possess one or more
copies apiece. As is natural, these MSS. are usually
in French, but there is one Provencal MS., and three in
the dialect of Catalonia.

At least six early printed editions of the work in
French exist,^ and one modern. This last - mentioned
edition is the print of the fifteenth century Aubert MS.,

^ The * Livre des fails d'armes et de Chevalerie,' written by Christine de
Pisan, and founded partly on the * Arbre,' was however translated and printed
in English by Caxton in 1489: "Here begynneth the book of fayttes of
armes and chyualrye which XPY^^ de Pyse made and drewe out . . .
of tharbre of bataylles" [Brit. Mus., C. 21, d].

^ Laing Collection of MSS., No. 192 ; small folio, paper, about 224 pages,
single col. containing about 26 lines. The writing, which is bold, seems to
be French of the fifteenth century. The paper is stout, and well marked
with one of the water-marks which has been deciphered as a monogram of
^ and ^. The volume, which bears several booksellers* price -marks on
it, has been rebound in modem binding with end-papers water -marked
" MAYOR I 1819 I 5."

' Bod. Lib. Catalogue of Miscel. MSS., No. 566, col. 405 F.

* (I) MS. 22,768. (2) *The Due de Berry MS.,' MS. 20, C viii. (3) *The
Shrewsbury MS.,' MS. 15, E vi.

' They were printed respectively at (i) Lyon, 1477, fol. (copies in the
Bibliotheque nationale, Paris, and in Huth Library — Huth Lib. Cat. (1880),
p. 183). (2) Lyon, 1481 (Chatsworth Lib. Cat., p. 234). (3) Paris, 1493,
foL, G.L. (B.M., C 38, h 13). (4) Paris, 1505, 4to, B.L. (B.M., 1398, b 6).
(5) Lyon [1510?], 4to, G.L. (B.M., 6875). (6) Paris, 1515, 4to, B.L.
(B.M., C. 34, g).

Ixviii INTRODUCTION

presumably the best of the MSS. possessed by Brussels.
It has the advantage of having been edited by M.
E. Nys of Brussels, the eminent authority on the
history and literature as well as the principles of in-
ternational law.
Thear- In attempting to describe Bonet's great work, which

rwjgement j^^y^ introduced to Scottish ears, it is natural to use
Buke. Haye's own version, and in doing so to mark some at

least of the leading features of its arrangement, &c., in
which it may agree with, or differ from, other versions.

In his priestly character Haye prefaces his manuscript
with the Apostolic Benediction, in its usual Latin form,
and then sets out in the vernacular. " Here begynnys,"
he says, " the buke callit the buke of the Law of Armys,
the quhilk was compilit be a notable man, doctour in
decreis, callit Bonnet, prioure of Sallon, the quhilk quhen
it was maid, callit it the flour of bataillis or the tree."
It is doubtful if the copy of the original from which
Haye translated contained any drawing of the tree,
such as we shall afterwards describe ; his translation
does not.

His preliminary description, from which we have just
quoted, contains also the announcement that the book
will contain four parts, as the rubrics will show: that
the first shall be of the tribulation of the Church before
the birth of Christ ; the second, the tribulations and
destruction of the four principal realms of the earth ;
the third, battles in general ; and the fourth, battles in
special.

Then come the rubrics of the first part, "be the
quhilkis men may better knaw the process of the said
buke and of every chapter specialy." These chapters,

INTRODUCTION Ixix

according to the rubrics, are ten in number, and the
list is closed with the words "Expliciunt Rubrice Prime
Partis," &c.

To this he adds " Sequitur Prologus in brevibus : Here
folowis the proloug of the said buke, . . . and syne efter
sail folowe the principale parties of the buke fore-
namyt translatit be me Gilbert of the Haye," and so on
with the passage concerning himself which we have
already quoted and commented upon.^ The Prologue
of the original follows, beginning with the words of all
the manuscripts of the famous *Arbre,' "To the haly
croun of Fraunce."

The order of the contents of the First Part, which
follows the Prologue, corresponds with that of the
rubrics ; but its divisions do not. They are thirteen in
number. Only the first three are numbered in the
margin, and we are to surmise whether Haye may not
have had two manuscripts before him, one of which he
was using for his translation of the text, and another
for the rubrics.^ This division closes with the words,
" Here endis the first part of the buke of bataillis ; and
here efter folowis the declaracioun of the Rubryis of
the secund buke, &c."

These rubrics of the Second Part are eighteen in
number. The contents of the book, which is in the
same order of subjects, is in only sixteen chapters in
the MS., though for convenience, and as the chapters

' Pp. xxii, xxiii, et seq,

« The MSS. of 'L'Arbre des Batailles' differ in the matter of lists of
rubrics. Thus the Aubert MS. printed by M. Nys has none. One MS. in
the British Museum (MS. 22,768) and the Edinburgh MS. have the rubrics
of the whole four books in one continuous catalogue at their b^nnings ;
and the rubrics of most of the MSS. differ from each other more or less.

Ixx INTRODUCTION

have neither sub-titles nor numeration, they are divided
per margin into eighteen. The part concludes, " Here
endis the secound party of this buke. Explicit secunda
pars bellorum."

The Third Part begins as usual with a list of its
contents. The list contains ten titles ; but the text is
in only nine divisions. Although Haye is evidently
translating from French, he repeatedly closes lists and
divisions with an announcement in Latin. So here again
he says "Explicit tercia pars huius libri bellorum."

The Fourth Part of the book begins with a list of 155
chapters, which varies notably from the order of the
contents. Chapters xii. and xiii. are transposed, being
in their right order in the text, not in the list The list
and text agree otherwise till chapter xxxii., in which,
in the MS., the greater part of chapter xxxvi. is in-
terpolated. The interpolation is made at the expense
of the sense of the passage at which it occurs. Having
said that in certain circumstances it was not possible
that the King of Spain's men should "ask payment for
their service, quhilk was before tyme quytt," the MS.
drops chapter xxxii. and proceeds : " Ane othir opynioun
is, that at the sending for of the Pape, thai may do
bathe the tane and the tothir" — /.^., clergymen may
take arms, both offensive and defensive. This is taken
from the middle of chapter xxxvi. Then follow the
rest of that chapter, and the whole of another, not in
the list of chapters, on the question whether wages are
due when the service covenanted for is not required nor
possible. And after the last sentence, that "it war ane
unresonable thing to pay for ane service that war un-
possible to be maid," the MS. resumes chapter xxxii..

INTRODUCTION Ixxi

where it had dropped it, and continues : " And now as
to the ansuere of the first questioun ; gif the king of
Spayn3eis men mycht ask wage . . ." and so on to the
end. This confusion in the MS. has been rectified in
the print by the restoration of the interpolated passages
to their proper places.

The list and the text thereafter agree till the close of
chapter Ixvii. Then follows in the text a chapter on
the duty of one who is a burgess of each of two
belligerent towns — a chapter which is not in the list.

Chapters Ixxxvii. and Ixxxviii. of the list are run
into one in the text, so also are chapters cxi. and cxii.
The eighteenth case, according to Bonet, in which the
law of Lombardy allowed single combat, is not mentioned
in the list.

Thereafter the list and contents agree till the list
comes to announce chapter cxxxi. We then meet what
is the main proof that Haye was working from two
copies of the original * Arbre/ for the next seven chapters
—cxxxi., cxxxii., cxxxiii., cxxxiv., cxxxv., cxxxvi., and
cxxxvii. (in all seven) — of the text are chapters cxxxv.,
cxxxi., cxxxii., cxxxiii., cxxxvi., and cxxxiv. (six) of the
list. In this case the text has been printed as it
stands, as the sense is not involved ; but the chapters
which are not numbered in the text in the original
have been numbered there in the print, in square
brackets, according to the order in which they are
announced in the list.

Chapters cxxxviii. and cxxxix. of the list are but one
in the text.

At chapter cxxxviii. both list and text leave the
subject of single combat, with which they have been

VOL. I. /

Ixxii I NTRODUCTION

dealing on many pages, and interpolate ten chapters on
armorial bearings ; after which they revert to the ques-
tions of single combat.

With one exception the rest of the MS. seems to
require no special notice under the present heading.
At the very end Haye narrates that his author closes
his book with a prayer to God on behalf of the prince
for whom the book was written — "that is to say, King
Philip of Fraunce." This seems to be another indica-
tion that Haye used two versions of the original.

Contents Bonet addressed his book to his king — Charles VI.

of France — in 1382, or thereby, as we have seen. He
introduces himself in his Prologue, and explains humbly
that he had had many small thoughts, and a great
desire to write them down. For the Church was in
great tribulation ; almost every realm in Christendom
was in a state of war ; Provence, his native land, was
turned upside down ; and lastly, there was a belief
among eminent students of prophecy that the long-
looked-for deliverer of the world from all its pains was
to reveal himself in the royal line of France, in the
person apparently of Charles himself.

Trees. " And tharefore," he continues, " is thare cumyn to

me sik ane ymaginacioun that I will ger mak a tree the
quhilk sail bere bot fruyte of sorowe.'*

To some of the manuscripts of the 'Arbre des
Batailles ' are prefixed allegorical pictures of trees, among
whose branches fight popes, emperors, kings, lords, and
commons. One of these, taken from a fifteenth-century
MS. in the Burgundian Library, Brussels, is figured in
* La Vie militaire.'^ In the clouds at the top is a

^ * La Vie militaire,' par M. Paul La Croix, p. 29.

INTRODUCTION Ixxiii

representation of the Almighty clothed in mediaeval
fashion with the triple crown of a pope on His head,
with the mound, the symbol of dominion, in one hand,
and in the act of blessing with the other, in the name
of the Trinity — two fingers and the thumb being raised.
He is surrounded by a group of adoring angels. On
each side of the group other angels armed with spears
are driving Satan and his adherents out of heaven.
Satan is black, with a tail and two cloven and clawed
feet. In the branches of the tree proceed eight duels, each
between persons of equal or proximate rank. An emperor
fights a king in the highest branches. On the right
a bishop attacks another bishop, or an abbot, with his
crook. On the left fight two fat burgesses. Elsewhere
a knight, who is falling off his branch, is being stabbed
behind by another with a sword which he holds in
both hands, reversed like a two-handed dagger. In
another part of the tree two women are fighting; one
wields a distaff, but in spite of it her head-dress is in
the act of being pulled off by her enemy.

A picture similar in its general idea, and of the first
interest in respect of its details, is found at the
beginning of the Due de Berry manuscript of the
*Arbre des Batailles'^ in the British Museum. The
tree, which, by the courtesy of the Museum, we are
allowed to reproduce (see pocket at end of this vol.)
in its exact size, though without its colours, is on parch-
ment, delicately drawn in ink ; the banners borne by
the combatants, who are arrayed on its branches, have

* MS. 20, c. viii., a fine MS. (the earliest of the * Arbre' in the Museum),
with peculiarities of its own ; complete, but at present much disordered in
the binding.

Ixxiv INTRODUCTION

been emblazoned in full colour; the rest is in black
and white, with a stain of yellowish -green on the tufts
of leaves, of yellow on the wheel held by the central
figure and the staves of most of the spears of the
warriors, and of yellow brown on the hair of some of
the figures whose heads are uncovered. In the upper-
most branches stands Fortune, God's " general minister," ^
who rules the affairs of earth —

" Wherefore one nation rises into sway,
Another languishes, e'en as her will
Decrees . . ."^

The first of the contests in this tree takes place be-
tween the rival popes — Clement VII. and Urban VI.
The picture has at one time or other been subjected to
the attentions of some person who perhaps did not
approve of the artist's inclusion of popes in his roll of
peace-breakers, and the faces and head-dresses of these
ecclesiastics have been obliterated ; but, whoever he was,
he was not a herald, for he has allowed their ensigns to
remain. Of these the first is, in heraldic language, azure,
in four pieces, equipolez of or^ or, in other words, chequy
of nine pieces or and azure. These were the arms of
Robert of Geneva, elected Pope on 20th September 1378
as Clement VII. The second — or^ an eagle displayed
azure — is the banner of the family of Prignani, as borne

^ '* Nos eas causas, quae dicuntur fortuitae [unde etiam fortuna nomen accipit]
non dicimus nuUas, sed latentes, easque tribuimus, vel veri Dei, vel quorum-
libet spirituum voluntati." — Augustin, De Civ. Dei, lib. v., per Lombardi,
Dante, "L'Inferno," canto vil, footnote 78.

2 Gary's Dante, " Hell," canto vii., note 78.

" Perch^ una gente impera, e 1' altra langue
Seguendo lo giudicio di costei."

— Inferno, vii. 82, 83.

INTRODUCTION Ixxv

by the rival Pope, Urban VI. The second contest takes
place between France and England. The arms of
France, which are painted here, are azure sem^ of fleurs-
de-lis or. Taken strictly, these arms refer to a date
prior to the edict of 1376, when Charles V. of France,
we are told, adopted the cognisance of three fleurs-de-
lis "pour symboliser la Sainte Trinity." The arms
by which the artist denotes England are the famous
three golden leopards on their red field. The kings
of England of that day bore these in the second and
third quarters only, but their title to their other quarter-
ing, azure, sem^ of fleurs-de-lis, that is France- Ancient,
which, with Norman prejudice, they placed in the prin-
cipal position, no French artist was likely to recognise.
The same hand or manner of hand which sought to
obliterate the heads and faces of the popes has partially
defaced even this modified ensign of England the invader.

The next flag is tiered en pal: first, argent^ a cross
potent, cantonned by four crosslets or; second, azure,
semi of fleurs-de-lis or ; third, the same as the last
within a bordure gules. In other words, these are the
arms of Jerusalem, France, and Anjou, as borne by
Louis, whom Queen Joan I. of Naples nominated as
her successor in 1382. The sixth banner is that of the
Duke of Burgundy — France- Ancient, within a bordure
compony, gules and urgent.

The seventh is Castile and, apparently, Leon, quarterly
— ^viz., first and fourth, gules, a castle or ; second and
third, argent, a lion rampant gules, though the colours
of the latter quarter are now doubtful. The next flag is
possibly intended for that of Portugal, whose arms were
argent, five esaitcheons in cross azure, each charged with

Ixxvi INTRODUCTION

as many plates in saltire} But the banner might easily
be described as azure, five dice marked for fives ; or, in
other words, azure, five square billets argent, on each, as
many ogresses, or roundles sable, two, one, and two.

The two-headed eagle of the Emperor, black, on a
golden field, is the ninth banner. The tenth is probably
that of Charles of Durazzo, the murderer and successor
of Joan I. of Naples — viz., per pale: first, azure, semi
of fl£urs'de'lis ; second, argent, three bars gules. In the
first, France ' Ancient is easily recognised; Hungary-
Ancient is usually barry of eight, gules and argent, or
else gules four bars argent, but the scale on which the
banner is here painted is sufficiently small to have
caused a fourteenth-century herald to reduce the number
of the charges.

On the ground beneath the tree fight the ranks of
men that are below the dignity of coat armour.

The language and handwriting of the manuscript in
which this picture of the tree occurs belong at latest, we
should judge, to the beginning of the fifteenth century.
The dates of the persons in the picture who can be
identified, and the mail in which the warriors are clothed,
are contemporary with the Prior.

The Prior's mind seems to have run on fours ; he had
four reasons for writing, and he cast his book into four
First Part, parts. He begins the "First Part" of his book, which is
to be concerned with "the tribulatioun of the Kirk be-
fore the nativitee of Criste," by asking four questions —
What is battle ? Where was battle first found } When and
how was it first approved here ? and Is it lawful }

Battle, he says — " that is to say, bataill of ordinaunce "

1 Harl. MS. 6829, fol. 46.

INTRODUCTION Ix xvii

— is only a contest through which men attempt to
reform " a displesand querele of wrang to ger it retourn
to resoun." It was first found in heaven, he says, when
God Himself sent Michael and his angels to battle with
Lucifer and his angels. Wherefore, he continues, it should
not be marvellous that wars and battles are found upon
earth.

After recounting what he thinks the most notable of the
wars waged against "haly kirk" before the coming of
Christ, he proceeds to describe those directed against her
after it. This he does at greater length, interpreting
the events he relates in the light of St John's Apocalyptic
vision of the seven angels with trumpets.

These angels had been, so far as time had gone, popes, The Seven
of course. The first was John the Baptist, and " gif ony ^^ ^'
wald argewe this, sayand that how suld he be signi-
fied be the first angel and he was never pape," never-
theless he was an angel from his office. " And alsa
he had office of pape, quhen he reprovit Herodes of
his brothir wyf Bot efterwart be the first angel is
understandin the sone of God." The second angel
was Pope Silvester ; the third, Gregory I. ; the fourth,
Agathon ; and the fifth, Urban V. It would be out
of place here to discourse at large on the mediaeval
interpretations of the Book of Revelation, and unneces-
sary to rehearse with more detail what of it Bonet
introduces in the course of his mixed argument and
narration to show that the Church had been in a state
of war ever since the Incarnation.

Many parts of Haye's version seem to have been
taken from a draught rather than from a revised and
final treatise, and here and there it contains curious

Ixxviii INTRODUCTION

misreadings. Thus, after the first trumpet, "the thrid
part of the blude was grene." He mixes the accounts
of the first and second angels. The burning hill which
fell into the sea was heresy. The sparrow of Psalm
I02 went up into a hill alone — the same hill, for the
sparrow meant a heretic.^ It is " a lytill foule jang-
lare," he learns from the master of the properties of
beasts, "the quhilk lyfis on sedis that ar poysoun till
othir foulis." The sea meant Holy Writ, and the writer
builds an argument on the fact that the sea "is foundit
apon the ferme erde." At least one other version of
the *Arbre* arrives at the same end, "comme la terre
est fondle sur Teaue." Bonet, as is natural at his date,
gives full credence to the fact of the Donation of Con-
stantine. He also accepts without reserve, but, on the
contrary, rather with satisfaction, the story of the woman-
pope, Joan: "And efter Leoun, was chosin a woman
pape nocht wittand that scho was a woman, the quhilk
was of Ingland borne, and a noble clerges was." Sir
William Sinclair the Justiciar notes in the margin,
"Johannes Anglecus. Scho ves borne in ane towne
callit Maguntia."

Bonet understood that his own day lay in the period
of the fifth angel, and he was at no loss for an inter-
pretation of the terrors of that time. Saint John had
seen an " egill fleand throu the ayre cryand in the
ta half of the hevin, Sorow, sorow, sorowe mote fall
till all induellaris of the erde." And the sorrow had
come, the star had fallen from heaven to earth, and
had received the key of the bottomless pit ; and
who was the fallen star, but Pope Urban VI.! The

* Haye's version frequently adds, "and lollardis" to "heretikis."

INTRODUCTION Ixxix

locusts that came out of the pit and were given the
powers of scorpions were the Roman people. "As says
the maister of proprieteis of bestis, A scorpioun is
as a worm of the erde, the quhilk softly and suetely
touchis till mannis flesch, and softly clawis with hir
clukis, and plesandly beris hir in company, bot scho
has a stang as a serpent, that scho stangis to dede at
the last." For the Romans first encouraged the College
of Cardinals to elect a pope, and then broke in on
them in their conclave "and bostit thame." Bonet does
not like the Romans, and quotes all that St Bernard
said to Pope Eugenius III. about them ; but the vials
of his wrath are mainly reserved for Pope Urban VI.,
or, as he calls him simply, " Bartilmewe." That Bartil-
mewe had been elected pope so far as external form
went was obvious. Bonet therefore falls to the inquiry
if he had the power of the keys, the key of jurisdiction,
or power "till opyn and to steke," and the key of "dis-
triction," which gave him the knowledge when and how
to use the first key. He replies that the key which
was given to Bartilmewe was the key of jurisdiction
only — a key, in his case, of "avarice and of folye, of
presumptioun and of tyranye, and nocht of gude oc-
cupacioun, and that was grete pitee, and grete scath,
for it has lestit sa lang, and ay the langar the mare
covatous, and mare gredy, the quhilk, bot God sett
remede, it passis all manis power to set remede." At
the end of the second part of his book the Prior
reverts for a moment to the subject, and denies, what
he seems to allow here, that an antipope, as he held
Urban to be, could have even the key of jurisdiction.
The Second Part, which was announced to deal with

Ixxx INTRODUCTION

Second the four great realms of the past — Babylon, Carthage,

Pari*

Macedon, and Rome — is mainly concerned with the
history of ancient Rome, and founded on the narrative
of Orosius.

Juris- In the last two chapters of this part Bonet discusses

two questions — first, Whence came jurisdiction, and
execution of laws among men ? and second, Who was
the first judge? To the first question he answers that
jurisdiction came from God, latterly through His Son,
but, at the beginning, by the natural reason which He
had implanted in man. God was Himself the first
Judge, when He sentenced Adam to toil. The first
jurisdiction on earth resided in fathers ; and if they
had brought up their sons well, men would never
have invented kings.

The subject of jurisdiction brings the Prior to think
again of the "many antipapis now dayly in the haly
kirk," and the schism and divisions in her; at these he
has "sa grete dule" that he "wate nocht quhat I sail
say, bot erar me think it better ware I held me still."
So he passes from these things " to my first purpos of
my first undertaking sen I can here set nane othir
remede."

Thus ends the historical section. The practical part,
to the which Prior presses forward — the discussion of the
rules of war and of single combat — occupies nearly
three-fourths of the book.

Third and War, says the Prior, is approved by all laws. By the

Parts ^^^ °^ ^^^' ^^ ^^ ^^^ ^^^ ^^^^^ ^^^ purification of good

men (iv. i), and the punishment of the wicked (iv. 54).

War is By the law of nature it is reasonable. For " all thing is

lawful

enclynyt to gaynstand thair contraire" (iv. i). By the

INTRODUCTION Ixxxi

" law of folk," which is " all that by natural reason should
be, generally" — and in this sense he includes in it the
canon and civil laws — war is defensible, for its end is
peace (iv. i).

Bonet does not confine his consideration of war to
its aspects under any one of these laws only. With re-
spect to the laws of God, he concludes that if a man
die in any just battle " wele confessit in other thingis,"
his soul is safe. If he die, however, in a **wrangwis
caus," maintaining a false opinion, he is condemned,
unless the mercy of God intervene. If, however, he
die in battle against the Saracens or other enemies of
God, the faith, or the Pope, and is free of deadly sin, " he
passes furthwith in paradis"(iv. 52). It is true that many
great warriors have been wicked men, but nevertheless
a few men in a state of grace is more victorious than a
multitude full of sin and wickedness. The decrees say
of the realm of Britain, that "gif the Inglishmen be en-
clynyt to the syn of the flesche, habandoned togeder
and geve thame to that delyte, thare sal cum of that
folk peple villain, and wayke in the faith, and evill till
arreste fra bataill, bot flowand and untraist in all thair
dedis." If the holy king Saint Louis was allowed by
God to be taken prisoner by the Saracens after they
had defeated him in battle, it was, in the Prior's judg-
ment, to prove his patience, and that he should be the
more glorified in heaven (iv. 53).

There are religious arguments for going into battle
fasting, but the Prior, after quoting much Scripture,
advises that, if soldiers be hungry or thirsty, they had
best be first " reconfortit " with both meat and drink
(iv. 107).

Ixxxii INTRODUCTION

Bonet deals very courageously with those cases in
which he finds that the law of Nature comes into
conflict with the laws of obedience framed by earthly
superiors on the one hand, or with the law of God or
the Church on the other.
Defence A bondsman ought to defend his own life against his

lord's attack (iv. 72) ; a monk against his abbot's (iv. 73) ;
a son against his father's (iv. 74) ; an accused against his
judge's, if the judge would assail him otherwise than in
execution of right judgment (iv. 75). A banished man
found within the realm again ought to defend his life
against his pursuers ; for the governing principle is that
a man ought always to slay rather than be slain (iv. 76).
By the law of nature and of the evangel, as well as
by all written and other laws, a man is bound to defend
his father against offence, injury, or villainy whatsoever
(iv. 21). The law of the land says that in war a man
should help his over-lord rather than his father, but the
Prior says nay (iv. 22), and adds that a clergyman
should help his father rather than his bishop (iv. 23).
A husband should defend his wife by force of arms if
she is evilly assailed, and in some cases put her assailant
to death (iv. 64). He should defend his brother, and
his son also, and, if his cousin-german is overthrown in
his presence, him also. Even if it were a man of a re-
ligious Order who was about to slay a father, brother,
son, or wife, he is entitled to slay him in their defence,
and should not be cursed by the Church for so doing.
The Prior declines to add that the defence of a cousin-
german would warrant the slaughter of a man of re-
ligion, for, being a kirkman himself, it is not his office
to " law the privilege of the kirk " (iv. 65).

INTRODUCTION Ixxxili

If a man have engaged himself to be another's pro-
tector, he is liable to put his life in danger for him ;
otherwise not (iv. i8).

A priest who is assailed on his way "berand Goddis
body on him till a seke man," ought to save his life if
he can, even at the risk of the sick man dying without
the sacrament. But if a new-born babe be in peril of
death, the priest should take in patience the peril of his
own death, rather than leave the child to die unbaptised.
It is less scathe to the priest, he says, to lose his life
than to lose the child's soul for want of baptism and
his own soul for his negligence (iv. yf). In the same
way, a bondman is not excused for committing homicide
on the score that he did it at his lord's command, and
would have been slain himself had he disobeyed. It
is better to be a martyr and go to heaven, says the
Prior, than be a murderer and go to hell (iv. 71).

Defence of property by force is lawful in laymen (iv. Defence of
24), even of possessions whose ownership is undeter- ^'^^ ^'
mined ; and property taken by force may be recovered
by force if the law is weak or unjust (iv. 25). Even a
priest may defend his property by force if his life
depends on its possession (iv. 26).

As to the right to wage war, theory and practice Right to
were found by the Prior to be very different. The ^
theory of the Church made the Pope the supreme
ruler of Christendom, and explained the Emperor as his
creature, who had dominion in temporal things over
all Christian nations save those which were directly
under the Pope himself. On this theory, war between
Christian states on their own motive was a rebellion
against the laws, and war by the Pope or Emperor

Ixxxiv INTRODUCTION

against a Christian nation was merely the measures
taken for quelling rebellion or punishing rebels ; for war,
it was premised, could be waged by sovereign states
only. In practice, however, as the Prior sorrowfully
admits, there was nothing more common than war
waged without leave of either Pope or Emperor, by
Christian states claiming to be sovereign and inde-
pendent in that matter of both. In discussing these
claims the Prior shows much dexterity. France is a
claimant ; her claim he concludes to be undoubtedly
good (iv. 82). England claims too ; there was clearly
some considerable literature anent that claim, but the
Prior most strongly doubts it is not proven ; and Spain
is in a like case.^ Venice, founding on a grant by the
Emperor, Naples which is under the Pope, and the cities
of Lombardy and the people of Rome, founding on gifts
by the Emperor, also make claims, but the Prior only
wonders that the Emperor does not bring them to reason.
There is all the difference in the world, he thinks, be-
tween a grant made by the Emperor — like the grant to
the French — while the Empire was hereditary, and one
made by him — like some grants to other nations — after
it became elective. The elected Emperor cannot make
grants. The Prior, it may be said in passing, does
not apply this doctrine to Popes, who had a perfect
right to give away the crown of Naples, with the con-
sent of the Queen of Naples (iv. 109).

Accepting the fact that the states of Christendom act

^ Part iv. cap. 83. The Prior has previously (cap. 3) admitted the claims
of both Spain and England. They have their imperial jurisdiction, he says
there, ** be writt," according to Haye. In the Brussels MS., edited by M.
Nys, the passage is " ont prescrit la jurisdiction imperiale."

INTRODUCTION Ixxxv

as if they were sovereign (iv. 4), Bonet proceeds to dis-
cuss the rules by which they ought to govern them-
selves in their contests with each other. His scholastic
method of stating each argument in turn, as if he were
its advocate, is well adapted to reveal the extent of his
learning in the Mosaic, civil, and canonical systems of
jurisprudence, and in the opinions of the jurists who
had already more or less consciously approached the
subject of the relations, either of peace or war, between
sovereign states.

By the law of arms, a general war may be waged The
by emperors, kings, and princes only ; but, in viola- j^^ ^^
tion of that law, it is waged by barons, yea, and arms.
simple knights (iv. 4). The Emperor, having no
temporal superior, may levy war when he pleases,
and all the people of the Empire are bound to obey
him. The exceptions, if exceptions they all are, to
this duty of obedience to him, are France, Spain, and
England ("Scotland and Ireland," adds Sir William
Sinclair in the margin of Haye's manuscript), which
have "be writt imperial jurisdictioun " ; ^ the cities of
Lombardy and the people of Rome, who are rightly
no exception ; the city of Venice, by privilege of the
Emperor, which he may recall when he likes ; and
Naples, which is under the Pope (iv. 3).

The Emperor may not turn his arms against the Emperor
Pope, for the Pope is his superior (iv. 5), and the sub- ^ ^^'
jects of the Empire may not obey him if he does. The
Pope, on the other hand, may proclaim war against
the Emperor if he is rebellious, or against any other
rebel from the Church (iv. 6).

^ But see supra, p. Ixxxiv.

war.

Ixxxvi INTRODUCTION

War War against the unbelievers — such as Saracens — save

^wrs^ for the purpose of recovering lands once Christian, or

redressing injury done to the faith or to Christians, is

unlawful. But if they offend, the Pope may grant their

lands to whomever he likes (iv. 2).

It is also unlawful to make war against the Jews, for
from their subjection they cannot harm the Church, and
there is prophecy to be fulfilled with which we should
not interfere ; nevertheless we know well, says the Prior,
that " they hate us dedely, and lufis us nocht ; and we
lufe thame bot lytill, na dois thame bot litill gude"
(iv. 63).
Thcprac- With regard to the details of the practice of war,
^ Bonet considers the requisites of an army, the duties of

its parts, and its individual members, and their rights.

The first requisite for war is a leader. The Prior finds
that men no longer call him a duke, but a constable.
The next to him in rank is the marshal. The second
requisite is good rule and good ordinance. Ordinance
had also changed its name: armies, once counted by
legions, companies, or " cinquantineres," had come to
be calculated in "battles" without any strict reference
to numbers contained under the name (iv. 7). They
still consisted, however, of horsemen, footmen, and ship-
men — the last for scaling fortifications (iv. 7).

To the commander, Bonet assigns every conceivable
care of the army in camp, march, and fight It is his
to keep his army together, and yet to be reasonable in
granting leave of absence ; to keep the keys of strong-
holds, to organise watching and warding, examine the
weights and measures of persons who deal with his
soldiers, to hold courts - martial, see to the sick and

INTRODUCTION Ixxxvil

wounded, guard against evil ports and weak bridges, fix
camping - places, and so on. All this he acknowledges
himself to have borrowed from the writings of "ane
callit Vectoit, a doctour, as is rehersit in the buke of
the Order of Knychthede." In addition, he says, the
leader of the army should protect the interests of his
knights, and be "wys and verty, and wele avisit in all
his dedis" (iv. 9).

In giving battle the footmen should be placed in
strong positions, and the horsemen on plain ground
near them, the shipmen according to the situation of
the town to be scaled (iv. 7).

Near the end of his book the Prior adverts shortly to Armorial
a subject which relates to the army in the field ; it is *™^'
the subject of armorial bearings. As men in time of
peace use surnames for the sake of distinguishing them-
selves from each other, so, for the purpose of differencing
themselves, men, in time of war, receive or take armorial
bearings (iv. 138, 139).

Bonet recognises some freedom in regard to such bear-
ings, but also some restrictions. Ensigns which have
been taken at will by any one are his property after
they have become known as his ensigns (iv. 140). A
gift of any particular arms by the Emperor or prince
similarly makes them the property of the grantee and
his heirs (iv. 138, 139). But no property in armorial
ensigns gives the subject of one sovereign the right to
complain of their being borne by a subject of another
(iv. 138, 139, 141), unless they be disgraced thereby (iv.
141).

The sovereign may punish the wrongous assumption
of another person's arms (iv. 142). Redress against a

VOL. I. g

Ixxxviii INTRODUCTION

foreigner must be had through the foreigner's king (iv

141).

That the subject of armorial bearings, however, had,
even in Bonet's time, become rather technical and per-
haps thorny, is clear : he advises that, when questions
about them arise, the heralds should be consulted ! (iv.
140). He also resolves not to discuss the question
which are the noblest arms, "for quhy that alwayis
comparisoun is odious," and only permits himself to
speak of the colours used in arms. He names five, of
which the first and noblest is Gold, the emblem of the
sun, which is the king of planets and source of light and
strength. And if "sum ignoraunt men wald say that
gold is metall and na colour, ... all low and lychtnes
that lemys and gives sycht to the eyne is of the nature
of colouris" (iv. 143). Purpure, "the quhilk he [Bonet]
callis here rede," is the second colour in order of nobility :
it represents fire, the most noble of the four elements
(iv. 144). The third is Azure, for that represents the
air, which is the next noblest element (iv. 145). White,
for water, the third element, and signifying purity and
innocence, comes next (iv. 146). And the fifth and last
is black, representing the earth, which is the last and
basest of the elements ; it signifies humility and meek-
ness : "men makis thair dule in that clething" (iv.

147)-
Fealty. In considering the duties of the warrior, the Prior

reviews the oath of fealty by which in the military sys-
tem of society the vassal was bound to his superior.
It has six points — viz., that the vassal shall (i) never
be where scathe is done to his lord's person ; (2) never
be at the scathe of his secrets or commandments which

INTRODUCTION Ixxxix

have been intrusted to him ; (3) nor at the scathe of
his justice, nor of anything pertaining to his honour or
position ; (4) nor hinder his lord's undertakings ; (5)
nor be at the scathe of his lord's possessions; (6) nor
make the possible impossible by withholding his aid,
as by abstaining from assisting in his lord's war
(iv. 15).

The oath implies liability for defence of the lord to
whom it is made, and of the realm ; but, if the lord
would engage in a war of aggression, he should take
help of his vassals courteously, and not lay too great
a burden on them (iv. 15).

A vassal is bound to fight for his lord, except it be
against his own father or other near relative (iv. 22),
or against the king (iv. 16).

The king's call to arms must be obeyed in preference
to that of the subject over-lord (iv. 17).

A baron who holds of two lords who are at war in
separate places, and who is summoned by both to
fight, should attend in person on the lord to whom he
made his first oath, and send a son or some other
deputy with such force as he can spare to attend the
other lord (iv. 66). And this he ought to do, even
if the two lords should be fighting against each other
(iv. 67). The rule is the same for a burgess of two
belligerent cities (iv. 67).

A vassal is bound to defend his superior without
reward, on pain of forfeiture of his fief (iv. 19). A
bondsman is bound also to fight for his lord (iv. 20,
68). There are not many bondsmen in France, ob-
serves Bonet, but there are in Lombardy, Avignon, and
Arragon (iv. 68).

XC INTRODUCTION

Sxcinp. There is no doubt that clei^men may take part in

nidikc*™ defensive operations ; but the authorities differ as to
cnrice. their liability to partake in wars of offence. As to the
question if a bishop may leave his king on the field and
flee rather than fight, the Prior's opinion is that "a
bischop aw erar sla his inymy na flee" (iv. 36)1

At the same time he says that the clergy should not
be taxed for the expenses of wars, even in respect of the
castles, walled towns, and great lordships which they hold,
lest they should be consenters to the shedding of blood
(iv. 62).

"Libertouns" are not liable to serve in war (iv. 68),
nor are women, nor the sick, blind, deaf, dumb, insane,
nor those over or under age. A woman holding a fief
must send her {>eople under a substitute. A man over
sixty years of age may be called out for the sake of his
counsel, and Bonet conceives cases in which a deaf and
dumb man may be useful (iv. 69).

To churchmen, women, blind, deaf, dumb, and mad-
men, who need no safe-conducts, should be added the
labourers of the earth, as they are the servants of all
men and the enemies of none (iv. 99). And the farmer's
beasts and his varlet ought to enjoy the same exemp-
tions from the ills of war as he does (iv. 100, loi). But
it is the Prior's lament that the wars of France in his
time were made only against the poor labourer. It may
be necessary for one nation to reduce another to poverty,
in order to render it harmless ; so innocent people may
suffer as well as the guilty, non-combatants as well as
those responsible for the war. To make war, however,
on the labourers of the soil is cruelty (iv. 48).

But the wars of the middle ages were not fought

INTRODUCTION XCI

out by feudal armies unassisted, and the rules regard- Merccn-
ing the wages of powerful allies, of mercenary troops,
of free lances, and such adventurers, must have been
of daily importance. In discussing them, Bonet never
loses sight of the law of contract.

If the King of Spain have been succoured by the King
of France in time past, and thereafter succour in his turn
the King of France, he may not ask wages : his satisfac-
tion and payment are ** done dede and service, and he aw
nocht to ask double payment. The actioun is naturale,
it may nocht be turnyt in accioun civile" (iv. 32).

A knight who unasked defends a lady for glory may
not ask wages: it was for glory he fought (iv. 33). The
warriors who fight for spoil may not ask wages either

(«v. 35).

If a "knycht of aventure" comes unsolicited to the
aid of a lord, and is not a near relative, nor so power-
ful as to be able to come from motives of love or pity,
he may "graciously ask his wages," though he has no
legal right (iv. 30). But if a knight persists in fighting
after his services have been declined, he has no right
to wages, and ought not to ask for them. This is so
even though a physician who cures an unwilling patient
has a right to his fee (iv. 31).

Wages of soldiers who are engaged by the year are
not due till the end of the year ; but the employer should
have consideration, and pay them some on the mid-term

(iv. 37).

A soldier engaged by the year, and allowed a month's
leave, suffers no deduction from his wages on that ac-
count (iv. 38). Wages are due throughout the war though
the soldier have been on the sick list (iv. 42).

XCll INTRODUCTION

If the Duke of Brittany should hire soldiers in Germany
for a year to help him to defend his country, and before
they arrive his duchy is taken, they are due wages for
only the time they have served (iv. 36a).

If a man-at-arms comes under an oath to serve a lord
for a year, and during the term of his service wishes to
put another in his place, the lord has a right, Bonet
thinks, to keep him to his oath (iv. 40). If he ask to
be released from his bargain after three months, the lord
is free to give or withhold his whole wages (iv. 39).

A captain of mercenaries may change the personnel of
his company, though he has already mustered it before
the prince who has engaged its services. But it were
better that he did so with leave, for sending away men
who are in the prince's or the army's secrets is a danger-
ous thing (iv. 41).
Risk. If a knight passing on his lord's business be robbed,

he has an action of theft against the robber, and an
action of debt against his master ; but if his master
recoup him, he must assign the action of theft to his
master; and if, on the other hand, he succeed in re-
covering his armour, his action of debt falls so far, for
he cannot get payment twice (iv. 29).

But if a captain, knight of Lombardy, come into France
with his mercenaries (as often happens, says the Prior),
and agrees with the King of France for six shillings a
man per month, and they lose their arms, armour, &c.,
in action, they have no claim against their employer

(iv. 34).

Harness borrowed for battle and then lost in battle
need not be replaced ; but if it have been sold it must
be replaced : some call the sale theft (iv. 27). If the

INTRODUCTION XCIll

lost harness had been hired, only the hire is due to the
lessor (iv. 28).

Safe-conduct of an enemy to a conference implies safe- Safe-con-
conduct both to come and go again (iv. 57).

A person who has received a safe-conduct for ten
persons, "of whatsoever estate they may be," may not
include among them a greater personage than he himself
is (iv. 58). The Prior sarcastically hopes this opinion at
least may be agreeable to men of arms, "for it is thair
plesaunce erar to fynd faultis na seurtee in all maner
of sauf condytis na seurteis." Any person who ventures
into an enemy's country on the strength of a safe-con-
duct from an officer of insufficient rank, and is taken
prisoner, has no redress or claim against the officer for
the amount of his ransom, unless the officer has held him-
self out to have special powers of protection (iv. 59).

It is for certain causes only that a binding safe-con-
duct may be given to enable a king of the Saracens to
come into a Christian land. It may if he comes to
ransom his brother, " mak his finaunce " ; or if the king
who grants the safe-conduct would treat for the release
of his brother taken in war with the Saracens, or that
the Saracen comes intending to embrace the Christian
faith. But he must not come accompanied by any force.
And if he come on any errand from which we may not
profit, he may be treated as a common enemy, like any
heretic, schismatic, or Lollard (iv. 105).

Bonet's advice is that no great lord should trust him-
self in his enemy's power, even under a safe-conduct
(iv. 104).

Ambassadors and all their goods and suite are in- Ambassa-
violate, nor while they are ambassadors are they amen-

XCIV

INTRODUCTION

PUgrims.

Students
at Paris.

able to the courts of the country to which they are sent
for private debts, &c-, or previous misdeeds, nor liable
under letters of marque. But if, while ambassadors,
they are guilty of any fault, they may be punished ;
for an ambassador to introduce spies or the king's
enemies is a great excess and misgovemance (iv. 95X

Pilgrims during their pilgrimage are reputed as kirk-
men, and are under the Pope's protection. They should
pay neither " toll na teme, na custom na payage " ; they
need no safe - conduct, and cannot be taken prisoner
(iv. 98).

Foreign clerks who are in France for the purpose of
study at Paris are not liable to arrest merely because
their country and France are at war ; but they may be if
the King of France has specially forbidden them to enter
the country, for it is not convenient to have foreigners
in the country at such a time (iv. 85). The student who
may come may bring his servants with him if they are
not objectionable in themselves (iv. 86). His father or a
brother, or other servant of his father's, may visit him if
he is sick and bring him necessities (iv. 87, 88). The
Prior observes that men of war may not like this doc-
trine; but he is firm, and adds in the next chapter that
the student and his servants and friends who come to
help him are also free from the liability to be arrested
under letters of marque, it being always supposed that
"there be na trompery" (iv. 89).
Prisoners. A commander taken prisoner by a common soldier is
the prisoner of the chief who pays the soldier (iv. 14).
By the old laws the victor might enslave his prisoners,
but these laws were not in use in Bonet's time among
Christians (iv. 45).

INTRODUCTION XCV

A man may slay a prisoner in battle when he is
"newly tane," but not afterwards, unless the prince
thinks that otherwise the war will be continued, as when
the King of Naples ordered Corradin to be executed
(iv. 13, 46). A prisoner ought to have mercy and pro-
tection, and treatment according to his station. If his
captor demands a ransom from him, or the costs of
his entertainment, he should do so courteously, and not
ruin both the prisoner and his friends (iv. 13, 47).

If one baron, in defending himself against another, takes
his assailant prisoner, he may hold him till he can get
justice awarded him by the king. But if he himself
has jurisdiction in the place where he holds his prisoner,
he may judge him himself. If he be a kirk-man or
have no jurisdiction, he may put him in the kirk prison
till he gets redress (iv. 43).

A prisoner of war may lawfully escape if he can,
unless he has given his word that he will not attempt
to. So also he may if his captor treat him with severity
beyond "lefull and resonable prison," or put him in
danger of death or life-long disease, or have the repu-
tation of keeping his prisoners till they are ransomed
or die (iv. 55).

If his captor take his oath to keep prison, and then
put him in "firme prisoun," he may lawfully attempt to
escape (iv. 56).

Prisoners of war, however, are not ordained to be led
to hunting and hawking, nor to play at chess or tables
in taverns, halls, or chambers. Nevertheless, a noble
knight that has always conducted himself nobly should
be held in free prison " with plesaunce, and disportis,
and blithnes, festand him for honour of nobless " (iv. 56).

XCvi INTRODUCTION

A prisoner who is enlarged for the gathering of his
own ransom, and on oath to return unconditionally if
he fails, is not beholden to return unless he is assured
of his life. His ransom he ought to pay of course
(iv. 60).

An insane person, if captured, should not be kept
prisoner, but returned to his friends (iv. 90), even if he
have recovered, for a custody which began ill cannot
mend through process of time. He may, however, in
the last case, be required to engage not to fight again
during the war (iv. 91).

A man may be held prisoner though he is too old
to fight, for " quhilum ane aulde man in his counsale
is worth ane hundreth in dede " (iv. 92) ; otherwise it
is against all good faith and good custom to make
prisoners of old men, innocent children, and women

(iv. 93).

The blind, deaf, and dumb may all be held prisoners
if they are implicated in the war ; but by the law they
are all of the class of persons to whom mercy is due
(iv. 94).

The clergy are not liable to be made prisoners of war,
nor included in letters of marque, nor to be punished at
the hands of temporal men ; but if they have taken part
in the war they may be imprisoned and sent to the
Pope for punishment (iv. 96, 97).

Spoil The general rule that the spoil of the vanquished goes

to the victor (iv. 43) applies to wars between cities
such as Florence, Pisa, Genoa, or Venice, which hold
of no sovereign (iv. 45).

Redress. As the baron may hold his assailant till he get re-

dress from the king (iv. 43), so if a thief attack me I

INTRODUCTION XCVll

may take his "gere and his hors," and present them to
the lord of the justice of that countree, and ask him
law and resoun, and to mend my scathe (iv. 44). Fail-
ing justice, I may regain stolen property by force of
arms. But if I do, I may not sue my debtor afterwards
on the allegation that my spoil did not pay both my
debt and the expenses of my warlike expedition. If,
however, my spoil had turned out not to be my debtor's,
but another's property which I may have to restore, then
my civil action is not barred (iv. 51).

If a man who has been wounded pursues his assailant Revenge,
and kills him, he is liable to be punished, but with allow-
ance for his provocation (iv. 70).

Bodily strength is not a moral virtue, but between the The re-
two extremes, "fule hardynes" and "raddour," there lies a"j^^°
a "vertu morale in the mydlyn way that is callit force knight.
of strenth " ; this is the courage that knows when to as-
sail or stand, fly or follow (iv. 11), and it is indeed one
of the cardinal virtues, whether in the profession of arms
or in others, for without it may a man not persevere in
other virtues (iv. 12).

The courage, or hardiness, or steadfastness of a knight
may come from several sources, but the best comes from
the consciousness of a good cause (iii. 7). Steadfastness
is the highest virtue in a knight (iii. 6). He should die
rather than fly (iii. 8).

The duties of a knight are to keep his oath and to The
be obedient : he loses his head who rebels (iv. 8). A ^^ ^ ^
knight ought not to engage in monetary affairs while the
war lasts ; if he does, all his gains should escheat to the
lord in whose pay he is (iv. 8).

A knight may be punished if he rebels, leads a flight, Offences.

xcviii INTRODUCTION

deserts his leader, reveals secrets to the enemy, strikes
the provost of the host — called in France the Provost of
the Mareschaulis, and in Scotland the Constable Depute.
" He tynes the hede that dois " any one of these things.
If he strikes his fellow without a cause, imperils the con-
cord of the host, defends not his captain, leaves his place
to win glory for his own sword (see also iii. 9), obstructs
peace-making, fails when he might staunch a feud — for
these things he is also liable to capital punishment He
who slays himself " aw to tyne his hede," and the knight
who leaves the host in time of assembly or before his
term of service is over, should be dismissed on foot as a
"fut grome" (iv. 10).

Laws of War is for the common profit. In the prosecution of

^' it, all craft and subtlety short of " faith-breaking and syn-
commytting" are lawful (iv. 49). A battle may be law-
fully fought — ^if it is for the common profit — on a day
of a Church festival, even though it be Easter Sunday
or the Eve of Lent (iv. 50).

Rights It is apparently on the same principle of common

*^"^f profit that a king going to assail another is entitled to
pass through neutral territory by the "common way of
passage," if he promise to pass "soberly and curtaisly";
and he is not obliged to give hostages for his conduct
beforehand (iv. 61).

Truce. A truce, says Bonet, is a king's assurance in which, as

the authorities say, are three points : i, it assures the
persons of those who are at war ; 2, it assures their
goods; 3, it gives good hope of peace. For the last
reason specially a truce should be observed honourably.
If a town is captured during a truce, it ought to be
restored again ; for a king's word is a g^eat thing, and

INTRODUCTION XCIX

should be "traist as stele," and to break his truce is an
unmeasurable disgrace to the realm (iv. 102). The breaker
of a truce is liable to be put to death (iv. 103). If one
of two parties to a truce break it, the other is free of
it (iv. 106).

Letters of marque are measures of force, a kind of Marque.
war. Bonet says they are not to be found in the
written law, for by no good law nor reason may an
innocent man be made to suffer for another man's
trespass. Yet kings and princes sanction these letters,
and by the means of this unrighteousness there comes,
he admits, "quhilum resoun that ellis wald nocht cum."
Still the Prior hopes that kings will not grant letters
of marque without examining the case, stating the facts
to the ruler of the state in which the debtor lives, and
asking redress (iv. 78, 79, 80). Only a sovereign lord
may grant letters of marque (iv. 81), and he may grant
them to subjects only (iv. 84). Ambassadors, clerics,
pilgrims, and students at the University of Paris are all
exempt from arrest under letters of marque. If a cleric
is indebted to a knight and won't give satisfaction, the
Pope is the judge (iv. 97).

Trial by combat is expressly forbidden by God's law, Trial by
and by man's in the common and civil laws, and by the ^^^ '
law of nature (iv. no). But the world has sanctioned
it for certain cases. Thus i, if in time of peace a French-
man slay an Englishman, and allege that he did it in
self-defence, but there is no proof, combat is allowed
(iv. in). Or 2, if in time of truce he wounds him, pleads
self-defence, and again there is no proof, combat is
allowed (iv. 112). These two cases are all that the
Prior finds in the ancient laws of the Emperors. He finds,

C INTRODUCTION

however, a number of cases in which similarly, on failure
of evidence, combat is permitted by the Leges Extrava-
gantes of Lombardy. With these he continues : 3. When
a man avers attempts made to poison him or subtilely
put him to death, he may offer battle in proof of his
accusation (iv. 113); or 4, accuses his wife of devising his
death, her relatives may defend her by battle (iv. 114).
5. If a man be slain secretly, and vehement presump-
tion points to the slayer, and he, when he finds he " mycht
na farthir," confesses the deed and pleads self-defence
(iv. lis), or 6, whether in peace or war, or truce, if a
man has slain another " murtherabily " and secretly, and
pleads self-defence, he may offer battle in proof (iv. 116).
7. If an heir be suspected of being the cause of the
death by which he is lucratus, any of the relations of
the dead man may challenge him (iv. 117). 8. A
bondman, or his lord for him, may defend by battle
an accusation of theft which may not be proved against
him by open proof (iv. 118). 9. A man accused of
adultery may offer battle (iv. 119). 10. A relative of a
woman whose honour is impugned may claim to clear
her by battle (iv. 120). 11. Possession for thirty years
of any property may be challenged if the assailant offers
battle. Bonet has already declared his disapproval of all
the laws admitting of trial by combat ; but he does not
mention this last without repeating that all divine and
human laws are against it, "for the tyme prescrivis of
la we" (iv. 121). 12. On a conflict of evidence, and on one
witness accusing the other of varying from the truth for
" favour or fede, or aw or mede," may offer battle (iv. 122).
13. A creditor whose debtor has died, and who has lost
his document of debt, may offer battle when refused pay-

INTRODUCTION CI

ment by the heir (iv. 123). 14. An accusation of secret
fire-raising may be supported by offer of battle (iv. 124).
15. A relative of a woman who is accused by her husband
of "ony crime of adultery" may offer battle in proof of
her innocence (iv. 125). 16. If a man declare that his
wife has been defiled against her will, any one of her
brethren or cousins may offer battle in disproof of it
(iv. 126). 17. A man accused of perjury may defend
himself by battle (iv. 127). 18. Both accuser and accused
may offer battle when the accusation is of false and
evil possession of anything (iv. 127).

It is said that trial by combat may not take place before
ladies ; but, in absence of the king, it may lawfully be held
before the queen-regent, as it is one of the duties left to
her. Any woman also may be judge in her own lordships
(iv. 108).

Bonet gives six rules for battle in lists: i. No prince Rules of
should preside over a combat without help of doctors in
canon and civil law. The clergy are the best assessors
in judicial cases, for they are more serious and cooler
in the head than temporal men (iv. 148). 2. The prince
should examine into the case, and try to decide it by
any knowledge that can be gotten by any way in the
world before he remits the case to be tried by battle,
and should assign a day for proof before the judge-
ordinary (iv. 129 and iv. 149). 3. It is only on
failure of other proof, and on oath by the party that it
cannot be brought, that battle may be admitted (iv. 150).
4. The prince should have the matter at issue skilfully
laid before him, and judge of its reasonableness before
he admits the combatants to battle ; and if the matter
is trifling, he should, instead, punish the triflers. It would

peror.

civ INTRODUCTION

If a champion break his sword without fault of his
own, he should, thinks Bonet, have another brought to
him (iv. 131).
The Em- Bonet makes his book the opportunity to set forth
the results of his reading and thinking on several matters
which are only related to war from their being subjects
of controversy, or matters in which the practice conflicts
with the theory. With the case of the Queen of Naples
in his mind, he says that a sovereign whose kingdom is
subject to the Pope may adopt an heir to his throne
with the Pope's consent ; or, as he says in another
sentence, the Pope may alter the succession with the
sovereign's consent (iv. 109). He has a small opinion
of Emperors ; but he says that the Emperor, since he is
the highest in temporal dignity, should be highest in
virtue, justice, equity, and bounty. He should not attain
his position by force, simony, or schism, nor set himself
to buy the Electors of the Empire. After enumerating
the Electors, Haye leaves a space for the mnemonic
verses which contain the names in Latin in most ver-
sions of Bonet's work. They are " memourit bot nocht
writtin." He possibly meant to offer a versified trans-
lation of them when he had had time and opportunity
to compose one. But the lines have afterwards been
added, in a Latin version, in the handwriting of appa-
rently Sir William Sinclair, Justiciar of Lothian. Bonet
is in this context entirely a Pope's man. After the
election, the Emperor, he says, presents his election to
the Pope for confirmation, and asks for the Crown
Imperial. The ceremonies are rehearsed with care —
the triple crowning, the oath to the Papacy, &c. The

INTRODUCTION CV

Emperor should not stay in Rome more than one day
and one night. Bonet confesses he cannot find this
regulation in the written law. The Emperor should go
to Mons Laurus, and there he should say "with ane
hye voce, 'All that we se is ouris.'" It is natural that
a priest in Bonet's day should accept the false decretals
as true, and the Prior does so.

The Emperor may bequeath his movable property, but
not the heritage of the Empire : it goes by election only,
and is subject to papal confirmation (iv. 154). As we
have just seen, the Prior does not apply this doctrine
to the elective Papacy (iv. 109).

Whatever the authorities say, the kingly title comes Kings,
only next after that of emperor. A kingdom is presumed
to contain ten or twelve great cities, and as many princes
with their subjects (iv. 155). Bonet finds the first neces-
sity is that the king should come to his realm with a
righteous title of possession. From this necessity he
seems to deduce the idea of primogeniture. As was
natural in the circumstances in which Bonet's book was
written, he did not close it without a long narrative of
the qualifications of a king : wise, virtuous, devout to
God and the Church, well seen in the art of governing,
keeping what is his own, and rendering to all others
theirs (iv. 155). Bonet has not seen so high justice
among the Christians as among the pagans ; but clemency,
not justice, is after all the fairest point in a king's crown.
The Prior is not afraid to lecture his liege lord on tem-
perance in spending, in eating and drinking and talk-
ing, and to have a solicitous care in the management
of his temper and in the wording of his letters, and,

CVl INTRODUCTION

like the great Saladin of Babylon, not to appear too
freely in public places.^

"Bot, in gude faith, the doctour sais that he was sa
irkit of wryting that he mycht nocht, as now, na mare
tak on hand as to put in this buke of bataillis." Some
day, if God give him life, he will write a treatise on the
qualifications of both temporal and kirk men.

Meantime Haye has forgotten the colophone with which
he began, and says that Bonet wrote his book just ended
for King Philip of France, not Charles (iv. 155).

The foregoing paragraphs are but a bare outline of the
conclusions which the Prior presented for the consideration
of his king, Charles the Well-beloved, and his countrymen,
and which he accompanied with much wise and sometimes
curious reasoning, prejudiced at times, perhaps, but always
leaning to mildness and moderation. Here and there only
does he mention his authorities by name — Plato, Orosius,
"Valerius the Noble," St Gregory "in his buke of his
moralities," Vectoit, " a notable doctour callit Tholomeane "
(Tolomeo de Lucques), or Martin, " a doctour of Rome "
(Le Polonais) — Aristotle is of course in no need of naming ;
and others are elsewhere as conspicuously contributors to
the Prior's expressions. Had he uniformly named the
authors whom he follows or controverts, his work would
have been a veritable digest of the mediaeval literature
on his subject.^

^ It may be observed that Haye, though, as we judge from his * Alexander/
he was well able to write in verse, here again omits an opportunity to exhibit
his dexterity. He translates into prose a set of verses in French consisting of
eight lines (a b a c b c c b), which occur in this chapter in his original.

^ The reader who desires to study Bonet's historical position as a jurist and
moralist is referred to M. Nys' works already cited.

INTRODUCTION CV

Emperor should not stay in Rome more than one day
and one night. Bonet confesses he cannot find this
regulation in the written law. The Emperor should go
to Mons Laurus, and there he should say "with ane
hye voce, 'All that we se is ouris.*" It is natural that
a priest in Bonet's day should accept the false decretals
as true, and the Prior does so.

The Emperor may bequeath his movable property, but
not the heritage of the Empire : it goes by election only,
and is subject to papal confirmation (iv. 154). As we
have just seen, the Prior does not apply this doctrine
to the elective Papacy (iv. 109).

Whatever the authorities say, the kingly title comes King*,
only next after that of emperor. A kingdom is presumed
to contain ten or twelve great cities, and as many princes
with their subjects (iv. 155). Bonet finds the first neces-
sity is that the king should come to his realm with a
righteous title of possession. From this necessity he
seems to deduce the idea of primogeniture. As was
natural in the circumstances in which Bonet's book was
written, he did not close it without a long narrative of
the qualifications of a king : wise, virtuous, devout to
God and the Church, well seen in the art of governing,
keeping what is his own, and rendering to all others
theirs (iv. 155). Bonet has not seen so high justice
among the Christians as among the pagans ; but clemency,
not justice, is after all the fairest point in a king's crown.
The Prior is not afraid to lecture his liege lord on tem-
perance in spending, in eating and drinking and talk-
ing, and to have a solicitous care in the management
of his temper and in the wording of his letters, and.

CVl INTRODUCTION

like the great Saladin of Babylon, not to appear too
freely in public places.^

"Bot, in gude faith, the doctour sais that he was sa
irkit of wryting that he mycht nocht, as now, na mare
tak on hand as to put in this buke of bataillis." Some
day, if God give him life, he will write a treatise on the
qualifications of both temporal and kirk men.

Meantime Haye has forgotten the colophone with which
he began, and says that Bonet wrote his book just ended
for King Philip of France, not Charles (iv. 155).

The foregoing paragraphs are but a bare outline of the
conclusions which the Prior presented for the consideration
of his king, Charles the Well-beloved, and his countrymen,
and which he accompanied with much wise and sometimes
curious reasoning, prejudiced at times, perhaps, but always
leaning to mildness and moderation. Here and there only
does he mention his authorities by name — Plato, Orosius,
"Valerius the Noble," St Gregory "in his buke of his
moralities," Vectoit, " a notable doctour callit Tholomeane "
(Tolomeo de Lucques), or Martin, " a doctour of Rome "
(Le Polonais) — Aristotle is of course in no need of naming ;
and others are elsewhere as conspicuously contributors to
the Prior's expressions. Had he uniformly named the
authors whom he follows or controverts, his work would
have been a veritable digest of the mediaeval literature
on his subject^

^ It may be observed that Haye, though, as we judge from his * Alexander/
he was well able to write in verse, here again omits an opportunity to exhibit
his dexterity. He translates into prose a set of verses in French consisting of
eight lines (a b a c b c c b), which occur in this chapter in his original.

^ The reader who desires to study Bonet 's historical position as a jurist and
moralist is referred to M. Nys* works already cited.

INTRODUCTION CVll

It was not to be expected that the Prior should be
systematic, as we expect such writers to be at the present
day, and the less so that in a great part of his undertaking
he is concerned with points of law that were disputed
rather than with the main body which was settled. His
search after that part of the law for the general govern-
ment of the world which is concerned with the relations
of man is thus by no means separated from his treatise
on the practical applications of that law, or the rules of
man's own devising.

Haye*s translation, in spite of certain passages of doubt-
ful import which it contains, and some obvious and un-
accountable errors, conveys no unfair or inadequate notion
of its original.

\

[THE BUKE OF THE LAW

OF ARMYS.]

Gracia domini nostri Jhesu christi et caritas FoI. z.
Dei / et communicacio sancti spiritus sit semper
cum omnibus vobis in christo Jhesu domino
nostro Amen

5 pjERE begynnys the buke callit the buke of the Law
of armys / the quhilk was compilit be a notable man,
doctour in decreis callit Bonnet prioure of Sallon the
quhilk quhen it was maid, callit it the flour of bataillis
or the tree / into the quhilk buke thare salbe foure partis

lo efter as the nibryis schawis /. The first part salbe of the
tribulacioun of the kirk before the nativitee of Criste /.
The secund party salbe of the tribulaciouns and destruc-
tioun of the four principale realmes grettest of the warld
etc. The thrid salbe of bataillis in generale /. The ferde

1 5 of bataillis in specialitee

Here begynnis the rubryis of the first party
etc. be the quhilkis men may better knaw the
process of the said buke and of every chapter
specialy

20 JN the first chapiter he speris quhat thing is

bataill j

A

2 THE BUKE OF THE LAW OF ARMYS

The secound chapter is quhare was first foundyn

bataill ij

The thrid is of the tribulaciouns of the kirk by

passit ....... iij

The ferde is of the first angel .... iiij 5

The fyft is of the tothir angel .... v

The exposicioun apon the tothir party of the

visioun of Sanct Johne .... yj

The thrid angel ...... vij

The ferde angel viij ro

The fyft angel ....... ix

And 3it spekis he mare furtherly of the visioun . x

Expliciunt Rubrice Prime Partis etc

Sequitur Prologus in brevibus

UERE folowis the proloug of the said buke in termis 15
as the forenamyt doctour /. Bonnet Priour of Sallon
maid his first intitulacioun and prohemium / and syne
efter sail folowe the principale parties of the buke fore-
namyt / translatit be me Gilbert of the Haye Knycht /.
maister in arte and bachilere in decreis / Chaumerlayn 20
umquhyle to the maist worthy king Charles of Fraunce /
at the request of ane hye and mychty Prince and worthy
lord. William erle of Orknay — and of Cathnes / lord
Synclere and chancelare of Scotland, in his castell of
Rosselyn. The ^ere of oure Lord a thowsand four 25
hundreth fyfty and sex /

Fol. 3.

Prologus

"T^O the haly croun of Fraunce in the quhilk this day
regnys Charles the Sext of that name / the quhilk is
lufit and redoubtit our all the warld be the ordynaunce 30
of God. Regn // Till him be gevin honoure lof and
glore abune all erdely lordschippis maist hye prince I

THE BUKE OF THE LAW OF ARMYS 3

am callit be my richt name /. Bonnett priour of Sallon
doctour in decreis /. The quhilk I have had mony smale
thouchtis And gude will to mak sum buke /. first in the
honoure of God and of His suete moder and of jour

5 hye lordschip /. And the resouns quhy I have under-
tane to mak this buke / ar gude yneuch as semys me
And first and formast / for quhy that the state of haly
kirk is in sik tribulacioun that bot gif God oure lorde
set sum gude remede // the quhilk was wont till mak

10 gude cheuisaunce and gude end /. in that mater be the
brether of the faith aventureris of the christin faith //
I can se be na way se that it may wele be // bot gif
thare be sum gudely way of acordaunce fundyn and
sone The secund caus is and resoun ffor I se all cristyn-

15 dome sa grevit / and stroublit of weris discensiouns thiftis
and reveryis haterentis and envyes that men kennyis
almaist na realme in cristyndom bot it is in were //
Thrid resoun is for quhy that the land of Provence of
quhilk I am borne and upbrocht /. is sa tumyt now for the

20 renewing of new lordschip /. And for divers opyniouns that
ar amang lordis and the communiteis / that with grete
payne may ony wys man here it be rehersit the mekle
sorowe that the commouns sustenis for sik debatis /. The
ferde resoun for quhy that mony notable clerkis the

25 quhilkis wenys thai understand wele the glosyng of
ancien prophecies /. sais that it sulde be ane of the hie
lignie of France / the quhilk suld sett remede in all this
thingis. and put this travailland warld in pes and rest /
that now is put in grete pestilence /. And for this caus my

30 curage has gevin me to mak sum newing of thing till
enforme jour jouthede of mony syndry knaulagis of haly
wrytt Sa that jour curage suld be movit the mare to help
to sett remede in the haly cristyn faith the quhilk is in
poynt of perising / and geve it socour And to geve jow

35 corage for to do in sik maner / that the prophecyes the
quhilkis ar presumyt to be understandin in jour persone

4 THE BUKE OF THE LAW OF ARMYS

maist worthy be verifyit in 30ur maist noble and worthy
princchede / throu ^our notable and haly workis / And
forthy / I male 30ur hienes hertly request and supplica-
cioun / that nathing that I sail put in this buke/ ye dispris /.
na lichtly ffor all that I here say / takis foundement of 5
haly writt and of the decreis and lawis canoun and civile
and philosophy naturale / that is natural resoun / the
quhilk buke salbe callit the floure of bataillis or the tree
and syne mon I pas to my werk / And tharefore is thare
cumyn to me sik ane ymaginacioun that I will ger mak 10
a tree / the quhilk sail bere bot fruyte of sorowe as men
may se that all the persecuciouns of the kirk and contreis
beris bot fruyte of dule and dises departit in four partis /
as is before said on the quhilkis four partis / the divisioun
of oure buke salbe foundit / etc. 15

Explicit Prohemium.

[THE FIRST PART.]
QEN it is sa that apon this mater / the quhilk may be Primum

»^ capitulum.

lyknyt till a tree / that may here na fruyte / hot fruyte of
dolour and dises / we see twa partis principale / amang
the quhilkis is grete discorde discensioun and were /. first
5 apon the haly kirk and the fredome of it /. as apon the
pape / and the sege of Rome with the fredomys /. And
apon the tothir part / we se / how amagg kingis and
princis /and temporale lordis thare is rysin sa grete dis-
censiouns discordis and weris / that the brethir of the'

lo fayth- as nobles / men that wont was to be werreyouris
to defend the kirk rycht / ar now rysyn agayne the com-
mouns / and comoniteis agayn thame / that grete dule is
to see /. Quharfore this buke may wele be comperit till a
tree quhilk beris na fruyte bot fruyte of dule etc.

1 5 The quhilk better and mare clerely till vnderstand / we
will mak first certane questiounis pertenand to the mater
be maner of figure And first and formest / the first ques-
tioun is /. quhat thing is bataill /. The secunde questioun
is / quhare was bataill first foundin /. The thrid questioun

20 is Quhen and how it was first approvit here /. The ferde
questioun is quheythir bataill be lefuU to be done /. To
the quhilkis questiouns I will ansuere or I pas fiurtherlyar
to speke of this mater / And as langand to the first
questioun that is / for to say /. quhat thing is bataill /. I

25 ansuere as efter the opynioun of doctouris in the law
civile / that bataill is nocht ellis bot a debate / throu
the quhilk men settis thair entent / to reforme throu

6 THE BUKE OF THE LAW OF ARMYS

fors of armys a displesand querela of wrang /. to ger it
retoum to resoun be ordour of lawe of armes quhare
othir witnes failis — that is to say bataill of ordinaunce

Secundum A ND as langand the secounde questioun /. that is to say

capitulum. ■^*-

quhare was bataill first fundyn. To the quhilk question 5
I ansuere thus / that it was fundyn in hevin / And in
this maner / first quhen the grete God fader of hevin
maid the angelis / he maid ane sa faire / and sa glorious-
that throu the grete beautee of him / he passit all the
angelis- and other creaturis that evir God maid in to
beautee / and tharfore was he callit Lucifer quasi ferens
lucem /. the quhilk for his grete beautee schynit sa
before all otheris under him as dois a grete torch be
a small litill candill that the schynyng of the licht
that come fra him- disteynjeid all the lave in clerenes 15
of schynyng / that thai semyt all dym in the regarde of
him. The quhilk quhen he sawe him self sa faire / sa
noble and sa relusand before all the lave / he miskend
himself / and for^ett / quha had gevin him that grete
beautee and faimes /. thocht in him self/ he had na pere 20
in hevyn bot God himself it war / and said that he suld
ascend in the hyest stage of hevin / and thare in the
north partis he suld sett his sege and suld be like to
the hiest God /. And with him was consentit till his
acorde grete nombir / And alsa sone as he had maid 25
this enterpris and his anerdaris was consentit / and maid
thame tharefore / oure Lord God Almychty quhilk kend
his thocht / and his purpos / ordanyt the bataill aganis
him and his complicis / send Michael his angel with sik
a power of gude angelis that was nocht of thair partye / 30
And gafe him bataill and discomfyte him and all his
anerdancis / ^ and gert thame wend doun wter the waye
Foi. 3. till hell, quhare he is ^it principale inytny till all man-

kynde, and adversare till all thame that God lufis, as is
^ On the punctuation of the MS, see Introduction.

THE BUKE OF THE LAW OF ARMVS /

recountit be Sanct Gregore the haly doctour in his buke
of his moraliteis. Quharfore it suld nocht be grete mer-
vaillis to se grete weris and bataillis in this warld here, sen
bataill was first maid aganis God himself in hevin. The
5 quhilkis we mon now se how weris and bataillis ar first
begonnyn in this warld. And tharfore, be caus it is
mare mervailous and perilous thing, the weris that is
maid agayn the haly kirk and the Cristin faith, we
will first speke of thame, and first and formest of

lo the grete weris and persecucioun that othir tymes has
bene movit agayne haly kirk in begynnyng of the faith.
And be caus it war our lang and prolixt thing to
count all, I will tell bot of the maist notable and grev-
ous thingis that in thai tymes hapnyt, and first of thame

15 that was before the Incarnacioun, as of Moyses weris
that he had for the defens of the bamis of Israel quhen
thai war sa lang haldin in the subjeccioun of Pharaoun,
the quhilk walde nocht thole thame to pas throu his
boundis, thai doand him na scathe. And ^it efter, quhen

20 the peple of God was wantoun, efter that he had send
thame all thair des)rris, ^it maid thai a calf of gold and
anoumyt it as a God, as is tald bathe in the bible and
in the buke of the decreis. And alssua the grete divi-
sioun that was quhen the peple of Israel mycht nocht

25 get fra thai evill men3e, the quhilkis was callit Jebusienis
that war fals scismatikis bot was haldin amang tham on
fors j alssua quhat seism e and mischef was in the tyme of
Abdom the prophet throu the fals treuth that the King
Jeroboam held, and als in the tyme that he was maid

30 King of Israel, and syne how Nabugodonosor maid were
apon the peple of Israel, and put thame in grete thraldome
and subjectioun, and ^it was he nocht content to halde
thame in subjectioun and servitute, bot he gert thame
mak ane ymage of gold of his awne stature, and efter

35 his awin figure, and gert thame throu fors and maistry
anoume that ydole, as thair God. And alssua he gert

8 THE BUKE OF THE LAW OF ARMYS

cast in the fumas the thre haly persouns Sydrak, Misak,
and Abdenago, for thai wald nocht anourne that ymage.
And syne gert destroye all Egipt, and mony othir con-
treis, cruell thingis he wrocht agayn the peple of God in
his tyme, the quhilkis war our lang to count. And ^it 5
the scisme was nocht lytill that was maid in the tyme
of Machamet, for he with his awin hand slew mony
prechouris that gert men trow in that ymage, callit Arry,
was God. And syne how in the tyme of Josue, quhen
the fals syn of the tyran Achor gert all the peple be tynt, lo
and put in the handis of thair inymyes, with mony othir
scismes, and grete cruell iniquiteis quhilkis was persecu-
ciouns of tyrannis agayn the faith, and the peple of God
before the Incarnacioun of oure Lord Jhesu Crist, etc.

Thethrid T-TERE thinkis the Autour to speke of the weris and 15

chapter. i- i- ^ "^

tribulaciouns of the haly kirk, efter the Incarnacioun;
of the quhilkis he sais that, quhen the Apostolis was in
erde prechand, thai tuke na rentis na rewardis that men
wald geve thame, bot anerly almous dede, of thing that
belangit lyfing anerly, and all that remaynit thar-of was 20
departit to the pure folk, and pilgrymis. In the quhilk
tyme, the pape convertit sanct Tiburce, [and] sanct Valere
be his testament, the quhilk was wele blawin the blast of
the troump. Bot natheles, we mon here se how the
visioun of sanct Johne, the quhilk sais that quhen the 25
angel blewe the blast apon his tromp up in the ayre,
thare was efter a frost mynglit with blude, be the quhilk
we suld understand that be the frost is signifyit the hard
hertis, and untrewe treuth of the pagans. For efter the
rycht understanding of philosophy, the frost cummys of 30
the erde, and is liftyt abune the aire and fresis in the
aire be fors of calde. And rycht sa, the paganis quhilkis
sen thai set nocht by the perdurable grace and gudenes
of the faith, for the anerdaunce that thai have to the erde,
has thayr hertis all {losyn and thair spiritis, that thai 35

\

THE BUKE OF THE LAW OF ARMYS 9

understand nocht the southfastnes of Goddis privetee.
And as this frost, be the visioun, was entermellit with
blude, the quhilk was wele approvit. For the untreuth of
thame kest sik a frost apon the erde, that is to say apon
5 the cristin folk that is understandin be the erde, efter
the wordis of the Ewangile, thai slewe sa mony haly
marteris that it was mervaill. Bot quhat was of that,
that the visioun sais, that the thrid part of the treis
was brynt, and the thrid part of the blude was grene?

lo In that he schawis thre maneris of marteris, that is
for to say, be the erde is understand the Apostolis, and
disciples of God, and be the treis, thair successouris
papis. The quhilkis had the faith fra the Apostlis, rycht
as the treis has lyf and grouth of the erde. And be the

15 grene blude is signifyit to us the marteris cristyn men,
the quhilkis was nocht of sa hie meritis ; and that may
be schawin us thus, for the Apostolis war put to dede be
sare tormentis and greuous, the quhilkis ar understandin
be the erde, and the papis rycht sa, thair successouris, for

20 efter that, sanct Petir was hyngit be the fete at the com-
mandement of Nero the Emperoure. The pape Lini, the Lmu

pontificum.

first of that name had his hede strykin of, in the citee
of Rome. And efter that ane othir pape was callit
Clete was put to dede be the bidding of ane Emperour

25 Domisien. And syne the pape Clement, the first of that
name was castin in the see and drownyt. And efter
that, the pape Anaclete was put to dede, be the com-
mandement of the Emperour Trayan, in the citee of
Rome. And efter, sanct Calixte the pape was put to dede.

30 And efter him, ane othir that was hedit without the citee Alexander,
of Rome. And efter him, ane callit sanct Theolofre, the
quhilk the Romaynis put to dede. And efter thai, come
3it efter that, all the papis that I sail efter name 30W,
that deid all of evill dede, that is to say, sanct Suerge,

35 sanct Prims, sanct Am set, sanct Sother, sanct Eleuther,
sanct Victour, sanct Chesery, sanct Urban the first of

lO THE BUKE OF THE LAW OF ARMYS

that name, sanct Pous, sanct Puriat, sanct Hancere,
sanct Fabiane, sanct Comele, sanct Luce, sanct Stevin,
sanct Sixt the secounde, sanct Dany, sanct Felix the
first in that name, sanct An cere, sanct Melchides,
monsieur Lucien, monsieur Gay. Alssua sanct Marcellin, 5
and sanct Mercelle, the quhilk was all papis of Rome,
Thir xxxiij and tuke all thair dede in pacience for the faith of Crist.

Papis vesput i i i • i /• i

to dethe. And sa may men se that the thrid part of the treis was
brynt, and the thrid part of the blude was grene. For
all the cristin men that war undirstandin be the grene 1 o
blude war all persewit and put to dede in grete quantitee

Folio 4. in the orient be Dioclisian Emperour, and in the parties
of the Occident, be ane callit Maxymian. And sa is here
now declarit to 30W all the visioun touchand the first
tyme of the soroufull persecucioun of haly kirk quhill it 15
come to the tyme of sanct Silvester pape first of that
name. And thus may na gude hert deny that wele
clerely seis, na the haly kirk has bene in grete perse-
cucioun of weris and grete tribulacioun, as apperis be it
that said is, etc. 20

[Chapter J-JERE spekis he of the first angel. Be the first angel
is signifyed till us sanct Johne the Baptist, the quhilk
brocht the gude tydingis cummyng of Goddis sone of
hevin. For that is ane office of ane angel, to revele the
secretis of God, and alsua to bring the hye new tydingis, 25
the quhilk is verifyit be the haly writt. For the prophetis
callit him angel or he was borne, sayand — Ecce mitto
angelum meum ad faciem tuam, etc. And the quhilk
was said of sanct Johne the Baptist. Bot gif ony wald
argewe this — sayand that how suld he be signified be the 30
first angel and he was never pape, certayne to that may
be ansuerd, for he had office of angel the quhilk trompit
wele quhen he blewe his heme, quhen he prechit bap-
tesme and penitence. And quhen he schewe with his
fyngir the sone of God in figure of a lambe, the quhilk 35

THE BUKE OF THE LAW OF ARMYS II

was send in erde for salvacioun of man. And alsa he
had office of pape, quhen he reprovit Herodes of his
brothir wyf. Bot efterwart be the first angel is under-
standin the sone of God the quhilk he denouncit, the
5 quhilk Goddis sone trompit wele with his beme, quhen
he schewe to mannis sone the cristyn faith, and gave us
knaulage of the haly Trinitee, and of the secretis of the
fader of hevin. For quhill the sone of God come in this
erde, we wist nocht that the sone of God and the haly

ID gaste bathe wes in the fader. And the fader alssua is in
the sone. And efter that, he trompit nocht small, quhen
he send his Apostlis our all the warld to ger schawe the
cristyn faith, and preich it, be the quhilk he schewe him
self to be pape and soverayne chaplane to God, for sa

15 sais the haly scripture. And efter him, was pape sanct
Peter, the quhilk trompit wele with his beme quhen he
with his epistlis that he send our all the warld of the
faith, and with that send his disciplis and convertit
realmes and regionis, the quhilk send sanct Julian, sanct

20 AppoUinar, sanct Marc, sanct Sexte, with mony ane
othir. And syne efter that, the haly man sanct Serge
the pape trompit wele with his tromp, that send the
articles of the faith our all realmes. And namely of the
haly Trinitee. And for caus of irking of lang process, I The Distruc-

cion of the

25 will pas mare hchtly our of all the papis that was m the haiykyrk

ofrome.

first tyme of the sevyn angelis — the quhilk ilke man did
sum thing, that was mekle to lowe and to pris, to the
growing of the haly cristyn faith, as was sanct Urban
the first pape of that name, the quhilk trompit rycht

30 wele, quhen he convertit and baptisit mony paganis, and
was the first that ever tuke rentis and possessiouns tem-
porale in the name of haly kirk. For before that, all the
haly kirk was bot uphaldin apon thair teching, quhill
that was accomplisid. And than, in the tyme of the This Em.

35 Emperour Constantyne, quhilk was the first that dowit
haly kirk, the cristyn faith grewe in sic hicht, honoure

12 THE BUKE OF THE LAW OF ARMYS

At this tym and woFschip, that the devill that had persewit it before

ane voce

cryit abuf tvme mvcht nocht suffer it, hot sett him at all his power

thecastell ^ ' \ ^

ofroim. to debate agayne the lawis. And that was ane of the
partis of the visioun of sanct Johne, quhen he saw the
birnand hill castyn in the see, quhilkis sanct David 5
apprevis in his buke of psalmes, be the quhilk moun-
tayn ardent, is understandin herisy, the quhilk sanct
David sais In the name of haly kirk I have my traist in
God, and quhy suld ^e synnaris than pas up in the hill
anerly as a lytill sparow allane ? To the quhilk sparow is lo
lyknyt ane herityke. For be the maister of proprieteis of
bestis, the sparow is a lytill foule janglare, the quhilk
lyfis on sedis that ar poysoun till othir foulis, and sa may
it be likenyt till a man that levis the way of veritee and
of gude faith, and traistis to loUardis and fals prechouris 15
and takis to his fude the sedis of errouris and herisy, and
passis in the birnand hill allane solitare. And thus may
men here how this birnand hill may betakin fals doc-
tryne of errour and herisies agayn the cristyn faith. Bot
the storye sais that the hill was castyn in the see, that is 20
to say, in the haly wrytt that may be undirstandin be
the see. For as the see is bathe depe and braid, that nane
can get the mesure of nouthir lenth na brede na depenes,
sa is the faith. And as of the see departis all othir
wateris, sa out of haly scripture departis all othir science 25
that is in this warld. And rycht as the see is foundit
apon the ferme erde, depe and sad unvariable, sa is the
faith foundit apon the sothfastnes of haly wrytt, quhilk is
the ferme ground of veritee. And as to the see agayne
passis all wateris, sa dois all sciencis in this warld re- 30
doundis agayne to haly scripture of the cristyn faith that
ar foundit apon veritee. And now, as the tothir party of
the visioun, how the thrid part of the see was as blude,
men suld understand that the haly scripture has four
maneris of understanding. The first is efter the letter, 35
and the tothir is entermellit, the quhilkis clerkis callis

THE BUKE OF THE LAW OF ARMYS 1 3

Secundum justum, the rycht witt. The thrid is carnale,
that is to say, fleschly ; that takis of the morcell flesch a
remorde, sa that it may nocht perfitely understand south-
fastnes of haly scripture, be the quhilk we have the
5 knaulage of the Trinitee. And thus be the visioun, the
thrid part of the understandaris of the faith takis ane
evill carnale fele, that is fleschly, the quhilk lettis to
have perfyte resoun of grace to understand rychtwisly,
and dampnis thair saulis perpetualy. For carnale afFec-
lo cioun will trow nathing bot it that nature schawis thame,
outhir that thai may se or here, or fele. Bot the faith
dois nocht sa. For the faith has na meryt quhare resoun
naturale may have knaulage, bot anerly that gude faith
gevis be treuth.

15 T-JERE folowis of the secund angel, and how he blewe [Chapter v.)
his blast with his heme, efter as sais the story of the
Appocalips, and of the visioun of sanct Johne, how he
thocht, be his avisioun, that a grete hill all birnand was
castin all in the see. And sone efter, him thocht that

20 the thrid part of the see was lyke to blude. And alssua

of all the lyfand thingis that was in the see, the thrid FoHos.
party deid and was dede, and the thrid party of all
the schippis in the see was drownyt and perist. Anens
the quhilk avisioun, men suld understand, that sen the

25 fende fell out of hevin, evermare has forsit him to mak
divisioun in haly kirk. And first he did his power
to put it doun, with help of princis of the warld,
and othir lordis, as je have herd in the first visioun.
And quhen he sawe that he come nocht to purpos in

30 that maner, be caus that the maa thare was of marteris,
the ma thare was of miraclis ; and the maa miraclis, the
starkar was haly kirk. For ay the faith grewe starkar
and starkare. And quhen he sawe that he mycht nocht
in that maner spede, he sett him in ane othir maner

35 fassoun to procede, that is for to say, to saw errouris

14 THE BUKE OF THE LAW OF ARMYS

Nota Pon- and herisies in the faith. And tharfore sais sanct Tohne

tific.

that the secound angel blewe wele in his heme, the
quhilk secound angel is callit sanct Silvester the haly
pape, the quhilk blewe a grete blast, throu the quhilk
blast, that is to say, of his preching, he convertit to the 5
faith sanct Constantyne the Emperour, ande gave him
the haly creme of the haly baptesme, the quhilk
Emperour with sik devocioun lufit the haly kirk, and
the cristyn faith, and sa mony grete previlegis gave
to the kirk, and sa mony landes lordschippis and othir lo
doweryes dowit it with, that it apperis ^it our all othir ;
and gave the pape his awin propre palace of Rome
callit the palace of Latranene. And syne efter, gave him
his awin propir croun of his hede that is callit the
dyademe, and all the lave of the ournementis of the 15
Emperour, with the round pavillioun, with all estatis, as
is contenyt in the decreis, etc.

'pHAN is it spedefuU to se quhat seism es has bene, and
quhat divisiouns be scismatikis, efter the Incarnacioun
of oure lorde, and be quhat personis thai war maid and 20
brocht till end. For traistis wele that but grete weris,
grete heresies, and grete scismes, it has nocht restit
lansomly sen syne, the faith of God mayntenyt sen his
birth hyderwart. And tharfore, hye and mychty lord,
in samekle that I wald ^e had sum understanding thar 25
of, as langand haly wryt, I sail touch 30 w sum part of a
visioun, the quhilk Sanct Johne the Ewangelist sawe in
the He of Pathmos, and suppos it be sum part subtile
to understand, settis nocht by ; for the haly wrytt may
nocht be wele understandin but study. And with that 30
I sail put sik thing langand warldly understanding, that
resoun is that haly wrytt be mellit tharewith to verify
it And tharfore ^e suld knawe how sanct Johne was
banist in the said He. And thare oure lord Jhesu Crist
forjett him nocht, bot visyte him oft tymes and reconfort 35

THE BUKE OF THE LAW OF ARMYS 1 5

him of his gudely grace rycht tenderly. And sa befell
on a day, he saw vij angelis with vij hemes in thair
handis, and maid thame all redy to blawe the hemes;
of the quhilkis the first began to blawe and than apperit
5 a mervaillous visioun till him. For he thocht that thare
was a grete frost in the ayre all mellit with blude, the
quhilk bludy frost was castyn apon the erde, and the
thrid party of the erde was brynt, and the thrid part of
the treis, and all the blude was brynt. Bot first, or I

lo declare 30W this visioun, ^e mon understand quhat the
sevin angelis betakenis, of the quhilk ^e sail witt that the
sevyn angelis signifyis the sevin partis of the tyme that
the warld sail lest ; and at the h)nidmaste sail the warld
tak end. And sa understude sanct Paule in his wryttis,

15 sayand that the last tromp, that is the last heme, salbe
the resurrexioun generale. And thus be this, suld we
understand that be thir sevin hemes is signifyit sevin
difFerencis of tymes that sail ryn durand the tyme fra
oure lord Jhesu Crist tuke his Incarnacioun. And

20 alssua suld we wit, that be thir angelis is understandin
the papis, the quhilkis ar the soverane chaplanis of the
cristyn faith, and sa may it wele seme to be callit, for in
haly wrytt God callis the prestis angelis. And sa sail
3e knawe that, be the first angel, is understandin the

25 passing of the first tyme of the cristyn faith. And be
that angel is signifyit to us all the papis that was in that
first tyme ; that is to say, sen the tyme of sanct Johne
the baptist, that was signifyit be the first angel, to the
tyme of sanct Silvester, the quhilk was signifyit be the

30 secund angel, as clerely apperis before.

UERE expoundis he the secound party of the visioun, [Chapter
the quhilk said that the thrid part of all the creaturis
quhilkis had saule and lyf in the see war dede, the
quhilk was wele trewe. For nocht allanerly thare was
35 dissavit symple folk in thai tymes, bot with that mony

l6 THE BUKE OF THE LAW OF ARMYS

notable and gudely clerkis of hye science, the quhilkis
had the grete dignities in haly kirk — be the quhilkis
clerkis was understandin the grete schippis that was
perist in the sea the thrid part of thame. And lo how.
For thare was in thai tymes mony fals heretykis that 5
pervertit bathe mony symple folk that was in the see,
that is for to say, in the faith, and mony grete clerkis,
that was mony schippis in the see alssua — the quhilkis
heretykis was callit thir namys that efter cummys ; that
was ane callit Manes, quhilk had under him a men^e 10
callit Mamseus, ane othir was callit Arrenes, and Do-
mastes, and ane was in Bertayne, callit Pellage, ane
othir Precelin, in Spayn^e, with mony ane othir quhilk
lang war to tell. Bot ^it may men geve thareto ane
othir way of understanding, and that is thus. We have 15
in the faith thre maner of schippis fletand. In the first
ar men that ar in the state of grace, and ^it ar persecutit
with temptaciouns. The tothir schip has in it the man
that synnis dayly in the commoun synnis of nature, as
in the vij dedely synnis, and in the veniall synnis that 20
commounly men schryvis thame of here, etc. In the
thrid schip ar all thai that ar fals heretikis, and lollardis,
and fals prechouris and techouris of errouris agayne the
cristyn faith, quhilkis traistis nocht in the grace of God,
FoL 6. na in his merci, bot has thair hertis sa hard that never 25

will tume, bot \yy\s in dispaire, and techis othir symple
folk fals poyntis of the wrang errouris, the quhilkis tynis
mony a saule. And thus the twa first schippis air sauf
throu confessioun contricioun and penitence. For nocht
gaynstandand that thai syn-, ^it is that bot fragilitec, and 30
brukilnes of mannis nature tyssit throu the thre iny myes,
the quhilk the haly kirk throu the meryt of the paasioun
of Crist dispensis with, and thai ar sauf. Bot the [thrid,
that is to say, thai hard hertit heretikis and lolllardis,
quhilkis ar dispairit of the faith of God, traistai^d he 35
may nouthir do thaim grace na merci, thai ar all drc )wnyt

THE BUKE OF THE LAW OF ARMYS 1 7

and sonkin in the see, that never mare may cum to sal-
vacioun. And thir ar the campiouns that faucht dayly in
bataill agayn thir fals heretykis, that is to say, sanct
Augustyne, sanct Jerome, sanct Anjbros, sanct Inno-
5 cent, sanct Gregore the worthy and haly doctour, with
mony othir quhilkis warrayd the inymyes of the faith.
And thus quhen the devill sawe that he mycht nocht
bak the cristyn faith throu that maner of temptacioun,
agaynis thai noble pillaris and warreyouris of the faith,
ID than schupe he him till assail^e the merabris of the cris-
tin faith with the cryme of ypocrysye, rycht as salbe de-
clarit in this next angel that cummys efter this.

HERE he declaris the visioun as to the thrid angel, the [Chapter
VII.]

quhilk trompit in his heme, quhill him thocht to sanct

15 Johne that thare fell a grete stern out of the hevin bir-
nand in fyre, and as him thocht, it fell apon the thrid
party of the fludis and fountaynis, and the stem was
callit to name the bitter stern, throu the quhilk the thrid
partis of the wateris and fontaynis was maid bitter, and

20 gert mony men dee, for thai evill wateris that was bitter,
the quhilk come efter the sound of the thrid angelis
tromp. Be the quhilk ^e sail, understand that the thrid
tyme of the durabilitee of the cristin faith salbe quhill
the tyme of sanct Gregore. And than is it to wit that

25 sanct Gregore was this thrid angel, the first Gregore,
the quhilk trompit wele with his tromp, that he put
away, condampnit and reprovit all the fals heresyes and
heretykis that was in his tyme, with gude resouns of haly
writt, throu counsailis generale, epistlis and prechouris,

30 and convertit mony paganis to the faith. For he send
sanct Augustyne in Ingland, and convertit throu grace,
and preching of him, a King of Ingland callit Andebert,
and all the realm e come cristyn. And quhen the devill
sawe that he mycht nocht optene apon the faith, to put

35 abak be thir foresaid errouris and herisyes, than schupe

B

1 8 THE BUKE OF THE LAW OF ARMYS

he him to wirk with suteltee of ypocrisy, and gert bathe
Emperouris and othir grete lordis arm thame in his
armyng of ypocrysie, that is, with a coverit fals sembland
of vertue and halynes, hydis under that a fals poysoun of
errour and herisye in clething of gudelyness, ledand with 5
him bath Emperouris and patriarkis, and othir princis
and peple but nombre, the quhilk held opyniouns of
thair awin curage, as thame thocht it suld be as thai
thocht, the quhilk was clere and schynand without, as
the Sterne, and within, it was all foule of filth and cor- 10
rupcioun of herisye and fals treuth. And to say 30W
first, was thare twa patriarkis that was callit Petre and
Paule, and was bath, ilkane, efter othir patriarkis of Con-
stantynoble, the quhilkis fell out ot the hevyn, that is of
the haly cristyn faith, the quhilk may be wele sa approvit, 15
and fell to the ground of the fludis and wellis of the
faith ; and tuke with it grete nomber of kirk men and
otheris, that turnyt never agayne ; nocht anerly with fals
teching tycit the peple till his opynioun be nycht secretly,
bot gert put to dede mony notable persouns that wald 20
nocht trowe his fals doctryne, and gert alssua dyng the
legatis send fra the pape to schawe him his errour. And
3it mare, he drewe, with his fleching and fair langage, the
Emperour that was in his tyme to trow in his opyniouns,
the quhilk Emperour was callit Constantyne, gerrand 25
the Emperour, throu his fenjeit halynes, trow that he
was a haly man. And thus was it wele lyke that a stern
was fallin out of the hevin, quhen that Emperour fell
out of the faith, and enclynit till his folyis, that was ane
of the ryveris the quhilk was bitter. And ^it did he 30
mare, for he gert the Emperour mak him a buke of all
the fals poyntis of herisy. And agaynis him tuke the
bataill sanct Mertyn ferde pape of that name, the
quhilk gert call a grete counsale generale of clergy in
Rome, quhare he gert condampne all thai fals heresyes. 35
And quhen the Emperour was thus put abak, and his

THE BUKE OF THE LAW OF ARMYS 1 9

opyniouns, thare was a duke duelland in Rome was
tender to the Emperour, and thocht to get a man of his
sla the pape at the messe. And quhen he come to the
papis messe with a grete company, the souyare that suld
5 sla him drew his suerd and past to the altare, he beand
in his mess, and or he come to the altare, he becom
stane bl)md, of the quhilk myracle the duke had grete
drede, and amendit his lyf. And be the grete stem may
be signifyit the said Emperour, the quhilk suld schyne in

lo defens of the faith, the quhilk als next the pape is the
grettest in the erde, the quhilk alssua stern as sais the
storye was byrnand, that is suth, in fyre of malice and
fals ypocrisye. And syne mon we declare, how that
stem fell apon the thrid part of the fludis and wellis,

15 that was quhen the Emperour wald mell with a fals
colour ane undrequet, malicius errour with the sawis,
and the doctrine of haly doctouris of the cristyn faith.
And as belangand it that he sais, It fell on the wellis,
that is to say, thare is twa maner of fontaynis of the

20 cristyn faith, ane is cummand fra God him self, that is
but stanching; ane othir is fra mannis hert that dr3ds
quhen grace fail^eis. Bot thare is ane othir well in oure
Lord Jhesu Cristis hert, that is of his humanitee cum-
mand, the quhilk well of manlyk lufe and kyndenes, he

35 schew us wele the day of his passioun, quhen he said till
his fader, that his will war done anent the tholing of his
passioun, and nocht his awin will of humanitee. For as
God he dred nocht the dede, bot wele as man. And
thare he referrit the fontayne of humanitee to the will of

30 the fader, as him lykit best for mannis hele. And alssua
be that he schewe in him twa willis, quhen he said Thy
will be done, that is to say, the will of the fader that is
in me salbe maister, and nocht the will of the humanitee
that is in me. For, and he had trowit the camall will of

35 humanitee, he had nocht tholit the passioun, the quhilk
he schawit, quhen he said, Nocht as man my will salbe

20 THE BUKE OF THE LAW OF ARMYS

Foi. 7. done, bot thy will as fader of hevin. And be that he

schawls that the will of the fader and of the sone is bath
ane as in divinitee, bot thai ar nocht bathe ane as touch-
and humanitee. And thare he dois us to wit that in
him ar twa willis, bath manlyke and godlyke. And 5
than as to the steme that fell apon the thrid part of
the fontaynes, that was that the fals ypocrite the patriark
of Constantynoble prechand said that the sone of God
had nocht twa willis, as before said is, bot anerly ane,
and nocht understandand the wordis of the prophet 10
Jeremye sayand, Haurietis acquas de fontibus salvatoris
Ergo habet salvator plures fontes gracie emanantes, the
quhilkis the prophet prouvet clerely, that oure salvatour,
Jhesu Crist, had ma wellis than ane, that is to under-
stand ma willis than ane. Alssua ^it efter this, we suld 1 5
declare how that stem was callit bitter, forthy that the
bitter herbe is sa felloun bitter of his nature, that quhen
the hony beis cummys on the flour of it and takis hony,
the hony is bitter as the herbe. And rycht sa dois the
fals opyniouns of herisy makis the haly scripture sa bitter 20
that is suete, that it apperis to the trew hertis of the
faith bitter as the sour herbe is in the mouth, sa is the
heresy in gude treuth, that lufis wele God and haly kirk.
And rycht as evill bitter wateris gerris mony folk dee
temporaly, sa dois the bitter heresy and lollardry the ',25
saule dee spiritualy, for thai ar out of the fay, and may t
with na werkis wyn meryt. Quia quicquid non est ex !
fide peccatum est. And tharfore quhen the devill sais \
that the bataill was wonyn, that he mycht be na way I
cum till his purpos on this wis, he sett him than on ane '. 30
othir wis, to move were till haly kirk and the cristyn !
faith. Than set he him to mak divisioun bath in the '
kirk.be scismes and othir wayis, as sail appere be the ;
angel that next folowis, be the quhilk is understandin '
the tyme of the faith. , j5

THE BUKE OF THE LAW OF ARMYS 21

J^ ERE folowis the visioun of the ferde angel, the quhilk [Chapter
trompit with his grete heme, and efter that tromp, come
to sanct Johne ane othir visioun rycht mervailous and
horrible, that him thocht that the thrid part of the sonne,
5 and the thrid part of the mone, and the thrid part of the

stemis was all merk and schynyt nocht. And as to this Nota the

. . , mareash of

visioun, it is to wit, that the ferde tyme of the faith kyrkmen.
was fra the tyme of the pape Agathon, the first of that
name, the quhilk was callit the ferde angel, the quhilk

I o soundit wele his tromp quhen the Emperour Constantyn,
the ferde of that name, be his trety maid a generale
counsaile, in the quhilk he ordanyt mony divers gude
ordinauncis apon the state of haly kirk, and nocht ga3m-
standand that othir t3anes it was ordanyt that prestis,

1 5 dyakenys, and subdyakenis suld have na women maryit,
and was confermyt in that counsele, jit was thare ane
excepcioun that the prestis of Grece suld nocht hald
that constitucioun, for thay may have a wyf anerly
maidin, bot efter hir decess thai sail never mary agayne.

2o Alssua it was ordanyt in that counsale, that the kirk of Nota of the

heid kyrk.

Rome suld be callit lady and maistress of all cristyn
kirkis. For of before, the kirk of Alexandrye said that it
was the soverane maistress of the warld, bot now Rome
is declarit hede. And thair caus was for thai said that

25 sanct Petir maid his sege thare and his charter, the
quhilk he did nocht in Rome. And jit the patryarch
of Antioche allegis that he aw to be the first, be caus
sanct Petir was thare sevyn 3ere duelland or ever he
duelt in Rome. And to mes all thir debatis, it was

30 ordanyt that Rome suld be principale and soverane
kirk of all the warld. A god wate, he trompit wele
with his beme, that gert condampne ane heresy that said
and held that Jhesu Goddis sone was nocht verray man.
And jit alssua is understandin be this ferde angel, all

35 the papis that was in that ferde passage of tyme of the
faith, fra the tyme that this pape Agathon began, quhill

22

THE BUKE OF THE LAW OF ARMYS

Nota off the
Popis.

Johannis
Anglecas
Scho ves
borne in ane
towne callit
Maguntia.

to the tyme of pape Urbane, the last of that name. And
in that tyme was the pape Lyoun the secound, the quhilk
trompit wele quhen he gert throu the grace of the haly
gaste, put in the messe, Agnus dei, qui tollis peccata, etc.
And sone efter that, the haly kirk was put in pes. And 5
alssua he did a notable thing that maid the accorde
betuix the kirk of the Ravenen and the kirk of Rome,
the quhilk was never before in obeisaunce, bot did mekle
evill and mony tribulaciouns to the sege of Rome. And
this pape was a haly man, and coude wele speke the 10
langage of Grece and of Latyne. Alssua the pape Sanct
Gregore the secound blewe his home wele quhen he
cursit the Emperoure Lyoun for he held a fals opynioun
that na man suld do na reverence na honour till ymagis
that ar maid in remembrance of god and oure lady and 15
all Sanctis and all angelis of god.

Here expoundis he the visioun, before said of the ferde
angel, that was quhen him thocht that the thrid part of
the Sonne was blakenit. And be caus that be the sonne
in haly Scripture is vnderstandin the pape, and sa mony 20
was in that tyme callit papis, and was nocht suthfast, it
was lyke that the thrid part of the sonne, that is the
papis was blakenyt in scisme and sorowe. For efter pape
Serge the first, and pape Johne the sext, was ane callit
Lyoun maid be force of a lord of Rome, callit Patrice. 25
And ane othir doctour of Rome, callit maister Martin,
tellis how ane callit Stevyn tuke the sege of Rome, and
maid him pape on force, sone efter the tyme of fals Poule,
and syne he was put out agayne on force, and gert put
out his eyne, and for despyte he deide. And efter 30
Leoun, was chosin a woman pape nocht wittand that
scho was a woman, the quhilk was of Ingland borne, and
a noble clerges was. And in that tyme began a grete
scisme betuix the Grekis and the Latyns of Rome, the
quhilk lestit quhill the grete generale counsele of Leoun 35
pape. And efter that in that ferde tyme, efter pape

THE BUKE OF THE LAW OF ARMYS 2$

John the x pape of that name, was ane callit Johne the
xj pape, that was fals pape, and 3it efter that, ane othir
callit Johne the xij, and was untreuly chosyn, als the
quhilk was a hontare and had the name to be of evill
5 lyfing and he gert put out the eyne of twa cardynalis
that was notable men, haly men, and men of gude lyf
knawin. And syne, in the nycht sodaynly, the fende
weryit him in his bed. And ^it in that ferde t3ane, the
pape Benet was put out, and the fals wikkit Romaynis

lo put in ane othir of thair auctoritee, and maid grete scisme
lang t3ane. Alssua in the tyme of ane othir pape Benait,
was grete errour in haly kirk, for he was put out and ane
othir forsabily put in, that was callit Silvester, the quhilk
was sone put doun, and the foresaid Benait agayne put

15 up, and sone agayn castin down, and ane chosyn and FoI. 8.
sacrit, thai callit Johne, was a chaplayn of Sanct John de
Port Latyn and was callit Gregore the Sext, and be caus
he was nat sufficiand to goveme the office, he gert sacre
ane othir to do the office under him, and than was all

20 the warld in tribulacioun, and syne war thai bath put
doun, and ane othir chosyn. And 3it that lestit nocht
lang, quhill ane othir callit Damas was put in the sege
wrangwisly, and sone was he put doun, and ane callit
Benait was put up forsably, and was mayntenyt be the

25 Romayns, bot his tyme lestit bot sex monethis. Alssua
that lestit nocht lang, quhill in the tyme of pape Gregore
the sevynt, with the help of the Emperour, was the Arch-
bischop of Ravenne maid Pape, in the quhilk tyme
mekle sorowe of scisme was, that mekle dule was to

30 here. And 3it efter that, in the tyme of pape Pescale
the secund, in the quhilk tyme the traytrous Romayns
maid thre wrang papis. And 3it in that ferde tyme, in
the tyme of pape Alexander, ane callit Brudy of thai
fals papis had mekle dises that the cristyn faith grew.

35 And alssua in the tyme of pape Innocent, a fals traytour
callit Peris Leon callit him self pape, and held a grete

24 THE BUKE OF THE LAW OF ARMYS

part of the patrymonye of haly kirk on force. And had
nocht bene haly sanct Lowis the gude king of Fraunce,
the verray pape sanct Innocent had bene put out utterly,
and for he was chassit in Fraunce, quhare he gat gude
help and was put agayne in his sege be the saide king 5
Lowys the haly king. And ^it in that ferde tyrae, quhen
pape Alexander regnyt pape, thare was maid aganis him
four fals papis. And rycht as before, the said Pape
Alexander fled in Fraunce to the foresaid haly king
Lowis, the quhilk put him in agayne, maugre the Em- 10
perour and all his helpis, of the quhilkis the were lestit
lang. And tharfore have I tald all thir tribulaciouns sa
that men may clerely se the visioun expoundit treuly,
that is to saye, the thrid part of the sonne was obscure
and mirk, be the quhilk sonne is signifyit the thrid part 15
of all the papis ; for in the bible he sais, God maid twa
grete lichtis in hevin, a lytill and a mekle, the mekle
for the day, and the lytill for the nycht. And in the
samyn semblaunce maid he twa grete govemouris of all
this warld here doun, that is to say, the pape and the 20
Emperour, the pape to be govemoure and lord of the
day, that is of the haly kirk and the cristin faith, and
the tothir to be lord and juge of the nycht werkis, that
is to say, of the temporalitee, the quhilk is merk as nycht,
quhill the sonne, that is the cristyn faith, geve tham 25
lycht ; for the dignitee of the empire haldis of the haly
kirk. And as the mone takis fra the sonne hir licht, sa
dois the dignitee imperiale fra the dignitee papale. And
thus may be wele clerely kend, how the sonne, that is
the haly kirk, has bene full obscure with thir fals errouris 30
and scismes. Alssua, in the tothir part of the visioun,
quhare he sais, that the thrid part of the mone was
obscurit and myrk, that was trewe, for be the mone is
signifyit the dignitee imperiale, in the quhilk was in
thai dais Henry the thrid, the quhilk at all his power 35
sustenyt the fals pape, and rycht sa did Henry the ferde,

THE BUKE OF THE LAW OF ARMYS 2$

the qubilk put the gude pape Pascale in prison with all
his cardinalis. And alssua in the samyn wys, did the
Emperour Frederike the first, the quhilk was ay
aganis haly kirk, and sa was the Emperour Frederike
5 the secunde, and grevit mekle haly kirk, with mony
otheris that studyit nocht in the keping of leautee, hot
mare in the contrusing of falshede, to mak fals papis.
And tharfore sais the visioun that the thrid part of the
mone was myrk. Alssua 3it efter this, sais the visioun

lo that the thrid part of all the stemis was myrk rycht sa,
the quhilk was suth. For all cristyn folk ar callit stemis
schynand in the kirk of the faith, the quhilkis in the
weris and scismes beforesaid was all in divisioun, and
in obscuritee of scisme and of weris, sa that archly the

15 twa partis stude evyn in the faith, and sa mycht wele be
said, that the thrid part of the stemis was obumbrit with
mirknes of unleautee. And in that, that he sais in the
visioun, that thare schynyt nocht apon day lycht bot the
thrid party, that is the cristyn men of the fayth that ar

20 of the day, that is understandin the kirkmen of the faith
that schynyt bot the thrid part that is in growing and
hichting of the faith, the quhilk schynyt nocht in that ferde
tyme. And be the nycht is understandin the Emperouris
estate and the governaunce of temporalitee, the quhilk in

25 that ferde tyme haldin dere, for the caus that thai held
na veritee na leautee in the faith. 3^^ ^^^^ atour, sanct
John in the Apocalips sawe ane egill fleand throu the
ayre cryand in the ta half of the hevin, Sorow, sorow,
sorowe mote fall till all induellaris of the erde, etc. Be

30 the quhilk, thre maneris of tymes soroufull is jit efter
that signifyit to cum ; for thare was thre angelis that had
nocht 3it blawin thair blastis, the quhilkis thre blastis
was all thre takyn of evill tyme tocum, sa thare suld
be in thame mekle payne, dolour, scisme and tribula-

35 cioun, and that in that tyme all the warld suld be full
of sorow, syn and filth. And tharfore may we se be

26 THE BUKE OF THE LAW OF ARMYS

this, that the exposicioun of the visioun was suthfastly
approvit, etc.

[Chapter T-JERE begynnis he to speke of the fyft angel, and how
he blewe, be the quhilk is understandin and signifyit till
us the tyme that now is, and how it is full of scismes, 5
tribulaciounis and weris cruell. Apon the quhilk fyft
angel, the storye of the Appocalips sais that the fyft
angel trompit and sone efter sanct Johne sawe a grete
stern fall out of the hevin in the erde, and quhare it fell
it semyt that thare rais out a reyk, and strake up in the 10
hevin agayne, as it had bene out of the pitt of hell, lyke
a mouth of a grete draw well, as it war out of a grete
furnas, and that bath the sonne and the aire was all oure
blakenyt and obscurit with the reik that strake vp in the
aire, fra that furnas as a mouth of a mekle draw well. 15
The quhilk visioun betakenis that pape Urbane the fyft
to be this fyft angel, the quhilk trompit nocht evill with
his heme, quhen for all the dayes of his lyf he held the
court of Rome clere and clene of all symony, and schewe
in dede that he lufit it nocht na nane that delt with it. 20
And alsa wald he nocht grete beneficis na grete digniteis
till unworthy persouns geve for na requestis of kingis na
princis. Bot our all the warld, quhare he wist ane hon-
ourable or worthy clerk quhare ever he war, suppos he
come nocht to his presence of his propre mouvement, 25
for gude renoun of thame, he gave thame the grete bene-
ficis and digniteis, and wald ger mak inquisicioun quhare
the maist worthy and notable clerkis war, to geve thame
the maist notable and worthy beneficis, and nocht for
knaulage of cosynage, na gossappis, na commaris of 30
cardinalis, na othir officiaris of the court — the quhilk
gert alssua tak up the hedis of sanct Petir and sanct
Paule, and alsa the banis of sanct Eli3ere the Erie of

Foi. 9. Dance, and gert canonize hym as confessour. This ilke

noble pape Urbane gert mak withall this, mony notable 35

THE BUKE OF THE LAW OF ARMYS 2/

kirkis, and mony haly mennis banis gert put in reliquis
in gold and silver preciously, in the honour of the haly
Sanctis that thai war of, the quhilk, as angel, blewe sa
wele his beme that he was lufit, and lovit, and honourit
5 throuout all the warld for his gudenes, sa that for the
honour of his persone, all princis, kingis, dukis, come
to visyte him in propre persone to the court of Rome ;
as the Emperoure of Almayne, the noble king of Fraunce
Johan the king of Cipre, the king of Navarre, and mony

lo othir that lang war to count. Bot as to the visioun of
the Sterne that fell in the erde. It signifyit ane callit
Bartilmew the gredy avaricius, and that I sail wele tell
30W how. Forthy that the pape is lykenyt to the sonne
in the haly kirk and in the cristin faith, for rycht as the

15 pape, gif he be a gude haly man as he aw to be, lichtnis
all the lave of the cristin faith, sa dois the sonne all
the warld. Bot 3it may nocht the pape be he never sa
gude, be our-all to governe thame. And rycht sa ar
the prelatis of the kirk, as cardinalis, archbischopis and

20 bischopis, and otheris in thair degreis, ar likenyt to the
stemis in the hevin of the faith to geve lycht to the
small peple ilkane as thame efferis. And efter as this
stem that fell maid a pitt in the erde, and like a mouth
of a grete drawe well, of the quhilk thare come out sik a

25 mysty smoke of hidous reik, lyke as it war out of the
pitt of hell, to that we may wele lykyn the gredy covatis
and avarice of the said Bartilmew. For rycht as in the
pitt of hell, is ane unfillable gredy appetite to suelly all
misdoaris, and never may be stanchit, sa is thare in the

30 avaricious man ane unfillable gredy covatis of gold,
quhilk may never be stanchit in this lyf. Off the quhilk
all othir evill cummys as rapyne, and thift, and murthir,
usure, scisme, symony, tresouns, and mony otheris that
tere is to tell, and tharfore, sais the haly scripture,

35 Radix omnium malorum cupiditas. Throu the quhilk alsa
avarice mony wrang papis has bene maid, and mekil

28 THE BUKE OF THE LAW OF ARMYS

heresy cummyn ande mony saule dampnyt, and tharfore
suld na men ferly, that this avarice be likenyt to the pit
of hell. For suppos all the saulis that ever was or salbe
war in hell, ^it war it nocht content. And rycht sa, war
all the glide of the warlde the avaricious mannis, 3it wald 5
he have mare, sik is the nature of it. For rycht as the
fendis has tynt liberalitee, fredome of liberalitee, sa has
the avaricious man tynt his fredome of free will ; for he
is thrall and subiect to the gude, and mon folow it and
nocht his awin will. And tharfore is he callit a servand lo
to fals goddis, Quia avarica est ydolorum servitus. Now
thus mon we se how this stem may be comperit to the
said Bartilmewe, the quhilk is fall)m fra the hevin doun
in the erde and is becummyn in the mouth of the pitt of
hell ; for he fell of the hevin, that is the haly kirk, in the 15
mouth of the pytt of hell, that is avarice. And that is
clere till understand, quhen he maid cardinalis that throu
covatis opnyt the pitt of hell to gader gold for symony,
and tuke nocht the rede hat of cardynale for the gude of
haly kirk, bot for the glore, the welth and covatis of the 20
warldis gude, the quhilk is the blude of the pure warld,
that thai lytt thair rede cardinale hattis with, with usure,
scisme and sacrilege. For he gert geve all benificis till
all that wald mak coft thareon, tak and have, and lukit
nocht to the gude clerkis, na the worthy men of lyf bot 25
to thame that was of sik lyke condicioun as he was.
Off the quhilk avarice, symony, scisme and usure the
mysty reik is passit fra the mouth of the pitt of hell up
in hevin, and grevis God in his hye majestee ; for thai
that ar takaris of beneficis fra the said Bartilmewe ar als 30
foule in the dede as he him selfe ; for thai ar all smyttit
with that ilke myrknes, of the quhilk the sternis was
blekkit. And thai that has tane benefice of him dar
nocht for dout of tynsale of thair beneficis say othir
way is, bot that he was rychtwis pape. And with that 35
thai have contrusit sa mony lesingis, cautelis and fals

THE BUKE OF THE LAW OF ARMYS 29

instrumentis with counterfetit selis, that with thair fals
pistlis thay have comimpit mony realmes, princis and
lordis, and contreis of the cristyn faith, and thus throu
the comipcioun of the membris, the pape that is lyknyt
5 to the Sonne, is blakenyt and enurabrit; and the ayre
withall, the quhilk signifyis the haly obeisaunce of the
cristin faith, that is blekkit and our-thrawin with the
fals govemaunce of tham that suld be pillaris of the
kirk, the quhilkis has maid trouble that was clere un-
10 distroublit.

A ND 3it he spekis mare furthirly of the foresaid visioun [Chapter x.)
for to prove mare clerely the foresaid thingis. For as
the visioun spekis, thare come of that reik a maner of
bestis callit Lungoutis, the quhilkis war of the kynde of The natur

and con-

15 Scorpiouns with stangis, be the quhilkis ar understandin diUonof

Romajrnis.

the fals traytouris Romayns, the quhilkis come apon the
erde, that is the college of prelatis, and otheris falowis
and nychbouris of the kirk. Bot quhen he sais in the
visioun that power was gevyn tham lyke to scorpiouns, for

20 as sais the maister of proprieteis of bestis A scorpioun is
as a worm of the erde, the quhilk softly and suetely touchis
till mannis flesch, and softly clawis with hir clukis, and
plesandly beris hir in company, bot scho has a stang
as a serpent, that scho stangis to dede at the last. And

25 treuly to say rycht, sa dois the Romaynes ; for efter the
dede of pape Gregore, thai reconfortit the cardinalis
with suete and faire wordis, exhortand thame that rycht-
wisly and ordourly thai wald mak laufull electiouns in
halynes and charitee, and hicht and suore to sauf thame,

30 and kepe thame sekirly fra all harme. Bot quhen thai
war in the conclave, thai brak in apon thame and bostit
thame, and sum thai strake, and sum thai revit jowellis
fra, and sum thai manasit to sla, bot thai chesit at thair
plesaunce sa that thai fled here and thare. And thus

35 thai stangit with the taile, as the Scorpioun. To the

30 THE BUKE OF THE LAW OF ARMYS

quhilkis Romaynes sanct Bernard says to the pape
spekand, callit Heuygeny, Gif ^e will wit the nature and
condicioun of Romaynes, thai ar to thaire nychtbouris
veray inymyes, till all strangearis unkyndely, and fremmyt
with inhumanitee, untrewe and unlele to thair sovera)niis 5
lordis, and unacordable with wysare than thame self;
nocht large of gift, and redily wil tak and wele can wame,
and nocht will cess of craving quhill thai get graunt, and
litill thank folowis efter thai ressave the gift ; and grete
vantouris of litill foredede, and sais thai can mekle wele 10
do, hot litill cummys in dede ; and redily will mak graunt
and hecht, and lytill fulfill in dede, na in thair thocht is
nocht to fulfill thair hecht ; and suetely will fleche with
fair flaterye before folkis visage, and bitterly and unmo-
derly will bakbyte behynd bakkis, and reprovandly lak 15
that thai before had lovit; and makis faire sembland
before as thai war symple as a dow but gall, but behynd
bak thai stang as ane edder. And efter this sais the
Foi. 10. visioun that the commandement was maid to thai Loun-

goutis that thai suld nocht noy to the treis, na herbis 20
na grene thing, be the quhilk grene thingis is under-
standin the symple peple that ar of ignoraunce; the
quhilkis gave trouth and credence to the Romaynes, and
wende thai had done wele, and traistit that thair doc-
trine had bene trew and lele, rycht as the grete mais- 25
teris of the Jewis gert the symple folk trowe that Jhesu
Crist was a fals prophete, and that all his doctryne was
heresy, and thai wenand wele to do, trowit all that thai
said under umbre of gude faith, and was dissavit, wenand
throu thair counsail to wyn the joy of paradise, and wan 30
mony of thame hell to thair mede, for quhilkis oure
Lord Jhesu Crist prayit quhen he was in the croce, and
said — Fader forgeve thir symple folk that wate nocht
quhat thai do. And rycht sa traistis wele that thare is
mony ane that trowis that Bartilmewe was verray pape, 35
for fals informacioun of otheris, the quhilkis held nocht

THE BUKE OF THE LAW OF ARMYS 3 1

his querela sa ere, for veritee of the faith, as thai did for
proufiit that thai gat throu him, and for dissait and
malice of the tothir advers party. Alssua be the grene
thingis, may be understandin the wys men and wys
5 clerkis, the quhilkis kend the falshede of the Romaynes
and the subtilitee, and how thei gert be force ches this
ilke Bartilmew, and tharefore thay trowit nocht he was
pape. And sa did thay nocht the fals opynioun of the
Romaynes, for thay kend the cas. And 3it the angel bad

lo thai suld nocht noy to the treis, that is to say princis,
and prelatis, and wis men in digniteis temporale, or
spirituale, quhilkis ar trew pillaris of the cristyn faith,
the quhilkis haldis the verray trew trace of the haly
cristyn faith efter the kirk of Rome, and the trew haly

15 college, the quhilkis lordis, prelatis and princis may
nocht for na mede na othir tyssing, or guglyng, or wrang
preching, na giftis geving, na othir wayis may nocht be
boucht to be agayne the lautee, na the suthfastnes of the
faith, sik as ar the princis and prelatis of Fraunce, and

20 the nobleis and rialis, quhilkis wald mair sustene scismes
na herisies agayne the kirk, na manetene fals antepapis,
as aid stories can wele schawe.

gOT 3it remaynis to declare how to this foresaid Bar-
tilmewe was gevin the keyis of the pitt of hell. And as

25 anent that poynt, 3e sail understand that oure Lord quhen
he had tholit here pyne and passioun for oure redemp-
cioun, he gave the keyis of hevin 3ettis to sanct Petir, of
the quhilkis keyis thare is twa, that is to say, ane, be the
quhilk he has all hale powere till opyn and to steke, and

30 that is callit the key of jurisdiccioun. And 3it is thare
ane othir, the quhilk is callit the key of districtioun, be
the quhilk he has knaulage and power how he suld opyn
and steke, in quhat time, and in quhat cas and in quhat
forme. And gif the key of jurisdiccioun dois thing that

35 it aw nocht to do, be the key of districcioun that suld

32

THE BUKE OF THE LAW OF ARMYS

Notaoff
cursyng.

Nota of the
faythe.

be of lytill valeur, as I sail schaw 30W be exemple. As
gif the pape walde curs a man, for he wald big ane
almous hous, or fast the lady fastyng in brede and
water, or for he gevis our grete almous dede. Cer-
taynly, suppos he curs him be the power of the keye 5
of jurisdictioun, 3it is he nocht cursit be the keyis of
districtioun ; for the key of jurisdictioun may curs fra
warldly commonyng that na man commoun, bot he is
nocht cursit as to godwart na of that he has na power.
Bot than agayn till oure purpos ; quhat key was gevin to 10
this Bartilmew ; certaynly the key of the jurisdictioun of
avarice and of folye, of presurapcioun and of tyranye,
and nocht of gude occupacioun, and that was grete
pitee and grete scath, for it has lestit sa lang, and ay
the langar the mare covatous, and mare gredy, the 15
quhilk, bot God sett remede, it passis all manis power
to sett remede. And thus may men se clerely and un-
derstand how, sen the passioun of Crist, the cristyn faith
and the haly kirk was never ^it in pes, na in rest, bot
evermare in weris, and in persecucioun and discensioun. 20
And be caus the kirk is and was ever wount to have
weris and persecucioun, men suld understand that this
cummys of grace ; for ay the mare that wikkit tyrane
Emperouris and princis has pressit thame to put the
faith abak, the mare it is multiply it and growin. Quia 25
virtus in infirmitate perficitur; for the faith has tane
mare hienes and strenth throu the tribulaciouns and
persecuciouns, and marterdome of haly marteris, and
throu the myraclis of thame, na it did for the passioun
of Crist, for the tane has verifyit the tothir, and borne 30
witnes that he was the rycht man, as him self said, quhen
he tuke his leve fra his Apostlis, sayand, Et entis michi
testes, in omni Judea, et Samaria, usque ad extremura
terre. And tharfore was the haly kirk foundit in hye
devocioun and faith, bot nocht but tribulacioun, and 35
the better is, for tribulacioun is worthy sacrifice. And

THE BUKE OF THE LAW OF ARMYS 33

of the tribulacioun and dede of haly men, the first
renoun come to haly kirk quhen it was in grete povertee,
and mekle supprest, as in the tyme of sanct Silvester
and Constantyn, and up liftit in grete power and grete
5 dominatioun our all the crist)mdome. And now be caus
of this divisioun, all the warld is in a wylde thocht, un-
stedefast. And nocht than, I have nocht undertane to
speke, na tell all the declaracioun of this avisioun, na of
the accomplisment of this fyft visioun, na to declare the

10 interpretacioun of it. For this fyft tyme that is signify it
till us be this fyft angel, the quhilk will lest als lang as
the Lord that all govemis lykis that it lest, and therfor
suld I undertak to speke mare forthirly. It wald seme
to folk that I wald speke of the thingis that pertenis to

15 Goddis privetee of the tyme that is for tocum, the quhilk
na erdely man may do that is in this mortall lyf here,
bot gif it war revelit till him of the will of God, be the
haly gaste. And sen that, we have our sene how the
kirk and the cristyn faith has bene, and is in weris per-

20 secucioun and tribulacioun, bot I have nocht ^it de-
clarit how the weris of the haly kirk and of the cristyn
faith ar mare perilous than the weris that ar amang
kingis and princis, and tharfore, mon we retoum
agayne to the thingis that I spak of in the begynnyng,

25 and how, and in quhat maner the said weris ar mare
perilous of the faith and the haly kirk, be caus thai
touch bath slaughter of body and saule, and the weris
amang kingis and princis touchis bot anerly the tynsale
of the body and of the temporal lyf, that is lytill to

30 sett by, be tynsale of the saule and of the everlestand
lyf, that is the soverane joye of paradis ; to the quhilk
he us bring, that bathe of hevyn and erde is king
Amen, Etc.

And now, to schawe to 30ur hienes in 3our ^outhede, foI. h.

35 in quhat maner the jurisdictioun of the temporale
kingis and princis has bene in grete tribulacioun in

c

34 THE BUKE OF THE LAW OF ARMYS

the tyme ancien bypast, I think to schawe sum part in
the maist gudely wys 1 can or may ; etc.

Here endis the first part of the buke of bataillis ;
and here efter folowis the declaracioun of the
Rubryis of the secund buke, etc.

35

[THE SECOND PART.]

JN the first; of the persecucioun and de-

structioun of the four grete realmes . [cap. i]
Item, how and in quhat tymt the citee of

Rome was first foundit . . . [cap* ii]
5 Item, in quhat tyme govemyt the Senatouris [cap. iii]
Item, of the govemement of the King Tules [cap. iv]
Item, of the King Femicle Archy . . [cap. v]
Item, efter of the King Tarquyn . . . [cap. vi]
Item, of the dede of King Alexander . . [cap. vii]
10 Item, here he spekis of grete Archile consul

of Rome [cap. viii]

Item, here spekis he of grete Schir Sempny

consul of Rome [cap. ix]

Item, of the grete worthynes of Schir Sypre

1 5 consul of Rome [cap. x]

Item, how grete Cartage was destroyit . [cap. xi]

Item, how the Almaynis wan a bataill apon

the Romayns [cap. xii]

Item, of Scilla the grete Inymy of the Romayns [cap. xiii]
20 Item, how the Provincis maid Julius Cesar

thair lord, for his worthynes . . [cap. xiv]
Item, how that fortune is rycht variable . [cap. xv]
Item, here he spekis of Schir Arthoma consul

of Rome [cap. xvi]

25 Item, spekis he of a questioun, be the quhilk

thar come first Jurisdictioun amang men [cap. xvii]
Item, here he tellis quha was first Juge amang

men [cap. xviii]

36 THE BUKE OF THE LAW OF ARMYS

Here begynnis the chapter of the tribulacioun,
and destructioun of the four grete realmes.

(Chapter I.] Q ROSIUS telHs in his bukis, spekand to Sanct Augustyn,
that fra the begynnyng of the warld till the begynnyng
of Rome, thare passit four thousand four hundreth four 5
score and four 3eris. And fra the begynnyng of the
citee of Rome till the nativitee of Jhesu Crist oure
soverane lord, thar was fyve hundreth four score and
nyntene ^ere. Thus suld men wit that, in the mene
tyme, the doctouris, cronykis, and stories makis mekle lo
grete langage, and spech, and grete festis abune all the
lordschippis of the warld, and apon all the realmes, and
namely apon the four grete realmes, and thair destruc-
tiouns. And first of the realme or the Empire of Babilonie,
the quhilk was begonnyn in the Est, and in the tyme of 15
Abraham. And the secound was of the realme of Car-
tage, the quhilk began in the tyme of the lugis, the
quhilk is callit in the bible Judicum in Latyn. And in
that tyme thare regnyt a Duke callit Collas. And the
thrid realme or empire was Macedone, the quhilk began 20
in the south, be the grete Alexander, in the tyme of the
Macabeis. The ferde realme or empire was Rome, the
quhilk began in the west, be ane that was callit Romel.
And thus may men se that fortune cummys quhile till
ane, quhile till othir, and tharfore sais the wys man that 25
na man suld, for our grete richess na honour that fortune

Nota. sendis, be our blythe, na for our grete displesance or des-

tress be our disconfourt or aferde; For oft tymes sum men
wenis to be at outhe and abune that is at undir ; and othir
wenis thai ar all at under, and ^it God puttis thame 30
abune. And gif 3e will wit quhilk was mekle mare na
othir, that was the first, and the last bathe of nobless of
power, and of durabilitee efter, as sais the doctouris.
And als thai say that Babilone was destroyit be a King

THE BUKE OF THE LAW OF ARMYS 37

callit Cirus, and that was done in the tyme of Esdre the
prophet, et de Jacharie, for that King sett him to have
sen^eoury of all the Orient. And as to that, he failit
nocht mekle of his purpos ; for treuly he wan worthily
5 mekle of it, quhill he come towart Babilone, the quhilk
was the fairest, the michtiest and the richest of all the
land of Caldee. Bot it had a ryver nere by the said
citee, the quhilk was callit Eufrates, that was sa grete
that the King with his host raycht nocht pas it. And

10 sa was thare a hardy knycht aventurer, the quhilk was
michtily horsit, and of grete curage, and thocht to fynd
a passage, bot with the strenth of the water he was
borne doune and drownyt, of the quhilk the King had
grete sorowe, and maid his vowe that, or he partit fra

15 thyne, he suld mak that ryver sa lytill that a wyf passand
the contree suld nocht wete hir kneis till ourwade it.
And he held gude connand, for quhare it passit before
throu the grete citee all togeder, he gert it pas in ma na
fyfty bumis, severaly, ilkane by othir without the toune on

20 aithir syde, apon the playn ferr feildis fra the toune. And
sa was the citee tane, and destroyit alluterly at all
poyntis. Off the quhilk thing spekis the noble doctour
Orosius, that it was nocht lyke as that citee had bene
maid be mannis handis, na was like that it mycht be

25 destroyit be mannis handis, for it had the wallis of hicht
of fifty cubitis, and of grete thiknes, and was of fyve
score of portis in the wallis, and all the wallis all our
fensit with platis of metall. And all thus endit Babilone
the mervailous, that wes of sa grete mycht and come to

30 nocht. Bot as in this part of this buke m)!! entencioun
is nocht to speke of the citee of Macedone ; be caus that
Alexander foundit it, and of him thare is a grete buke,
and of his dedis, the quhilk I will nocht here rehers ;
bot of the tothir twa I will speke. For spekand of the

35 tane, I mon speke of the tothir, for quhy that thai of

38 THE BUKE OF THE LAW OF ARMYS

Rome maid the destructioun of Cartage, as we sail here
declare.

[Caupter II.] UERE declaris the doctour in quhat tyme and how
Rome was first b^unn3ni, and, as thareapon spekis
Orosius the noble doctour, sayand that efter the crea- 5
cioun of the warld, four thousand four hundreth four
score and four 3eris, and this was efter the destruccioun
of Troye four hundreth and fyfty foure ^eris. And in
that tyme was King of Jude ane callit Atham. And sa
suld men understand that, or Rome was maid or biggit, 10
thare was thare a lorde callit Satumus, the quhilk had
a sone that had sa grete haterent, and dedely were till
his fader, that he hid him for drede of his sone, in a
grete forest quhare now is Rome. And in that tyme
thai contreis were callit Lombardye, and in the tyme 15

FoL la. bygane Lescondire. The quhilk Satume techit the folk
of that contree to mak housis, and labour comis, and
wynis, and fruyte treis, and to goveme as folk that
thocht to thryue. For the folk of that contree before that,
coud grath na mete, bot lyvit apon the raw fruytis as 20
bestis. And tharfore the contree folk maid him thair
lorde, and sum of thame callit him thair god, for caus
he techit thaim new lyfing. And thus, quhen he was
king, for the drede he had of his sone, he maid a citee,
and callit it efter his name Satume, that was callit sen- 25
syne Scitus. And thare, was the first quhete that ever
was sawin with man. And efter the decess of this king,
regnyt his sone callit Pirus. And next efter him, ane
othir king, his sone, callit Latyn, the quhilk was rycht
subtile in spech of Latyn, and he maid grete payne to 30
ger that langage of Latyne sprede, in samekle that the
contree tharabout is ^it callit Latyn tong. The quhilk
thre kingis foresaid regnyt ane hundreth and fyfty ^ere,
before that Eneas and Antenor come thare. Off the
quhilkis efter, come thai that biggit the citee of Rome. 35

THE BUKE OF THE LAW OF ARMYS 39

And be that may, men wit that the citee of Rome was
first foundit be thame of Troye, the quhilk was lang
efter the destructioun of Troye, ane hundreth and xxx^*-
3ere. Oflf the quhilk destructioun I bide nocht to speke
5 mekle, bot referris me to the grete buke of Troye, the
quhilk sais, that the Grekis come on thame with a
thousand schippis, and destroyit a thousand schippis
of thairis, and all the toun clerely be a sege that lay ten
3eris before thame. And trewly to say scantly may a

lo man trowe the grete and mervaillous power, richess, and
excellent estate of that toun. Off the quhilkis, the noble
doctour Aimer. And syne of that toun come Eneas, and
his fader Anchises, and his son Festam. And first, with
thair flote, thai arryvit in Cicile, and thare decessit the

1 5 fader Anchise. And syne thai put thame in the see, and
thocht to passe in Lombardye, be force of fortune of the
see thai arryvit in Affrik, and thare Eneas, that was than
cheif efter his fader, hapnyt to fynd a queue callit
Didome, the quhilk was sa enamourit of him that scho

20 did him grete gude, and grete curtaisy, and sum sais that
scho biggit the citee of Cartage. And fra thyne he
passit to the see agayn, and passit quhill he come nere
the contree quhare now is Rome, in the ryver of Tibre.
And in the nycht, it was said him, that he suld pas to the

25 king Albondre that was lord of the contree quhare he
was arryvit, that gif he wald mak were apon king Latyn,
he suld help him, and he sulde anys be lord of all Italy,
and gafe him sik takenis that was suthe. And than he
passit to the king Albondre, and quhen the king saw

30 him cum in sik a grete bataill, he sett him in bataill
aganis him to fecht with him, for he traistit wele that
thai war inymyes. And than the tothir gert put up on
a spere a branch of ane olyve tree in takenyng of pes.
And than the king was rycht joyous, for he bare till his

35 enseigne ane olyve branch, and his frendis. And thare
the king and Eneas maid thair contractis togeder and

40 THE BUKE OF THE LAW OF ARMYS

thair bandis, that thai suld mak were to the king
Latyn, quhare now is Rome. Bot the king of Con-
stans, that had maryte king Latynis sister, come agayn
thame with king Latyn, and thare was slayn Palays, the
sone of king Albondre be ane callit Trano, the quhilk 5
ly vit nocht lang efter him. And thare was Eneas maryte
with king Albondris douchter, and was sa king efter
him, and his sone Festam efter him; and the citee of
Abba he tuke on force, with othir mony landis. And
syne efter him regnyt ane callit Silvi, sone till Eneas, 10
was in his moderis wame quhen his fader deid, and
regnyt efter his brothir Estam xxx 3ere, the quhilk had
a sone callit Latyne, the quhilk regnyt fifty ^ere efter
him and that was in the tyme of Davy King of Israel,
and efter him was his sone Colla, and regnyt fourty ^eris, 1 5
and he was in the tyme of king Salomon, and efter him
was king Anthiocus xxiiij 3ere, in the tyme of Roboam.
And syne efter him, king Gapy xxviij ^eris, and efter
him, king Garent, and that was in the tyme of Josaphat.
And syne was Tiberius king bot ix ^ere. And syne, king 20
Agapit was fourty ^ere king. And syne that was in the
tyme of Achim king of Jude. And syne, king Syli. And
syne, king Anancy the space of thre and xxx*-* ^eris. And
efter that, his sone iEmuly xliij ^eris, the quhilk in the
tyme of Jonathas exilit his brothir out of the realme. 25
And he had a douchter callit Rea, and scho was a
maidyn, and ane callit Maro maid hir grete of twa sonis,
the tane was callit Remy, and the tothir Romell. And
than was the custume that the moder suld be put in the
erde all quik. And the bamis was castyn to the wolvis in 30
the wod to be suelyit. And as the buke tellis thai war
norist be the wolvis in the wod for a tyme, quhill efter-
wart that a hird fand thame, the quhilk was callit Fauclon,
and brocht thame till his wyf Laurence, the quhilk norist
thame wele and treuly, and the nychtbouris callit thame 35
the wolf birdis, of the quhilk cummys lupanar, that is

THE BUKE OF THE LAW OF ARMYS 4 1

•

callit a bordalehous. And ^it this story is payntit in
mony placis, and namely in publik placis in marbir
stane. And quhen thai war cummyn till elde, thai
callit with thame all the herdis of the contree, and the
5 thevis and revaris, and maid were to King ^muly, the
quhilk had banist thair eldfader out of the contree, sa
that thai put him of dawis. And syne thai began to
mak the citee of Rome, to kepe thame and thair men^e
fra thair inymyes, and fra lytill to mekle it come ay up

10 to grete estate and magnificence. And tharfore is it
callit Rome, efter Remy and Romel, as sais the gude
doctour Orosius. And thus began thai thair conquestis.
And efter Jhis, quhen thai began to grow in grete richess
and hye dominacioun, the tane had envy apon the

15 tothir, that ilkane desyrit to be lord and maister. And
becaus thare was nane elde betuene thame that men
mycht wit, thai war in hope ilkane to be first borne, and
nocht ane wald defer till ane othir. And sa was it, be
thair batharis consentis, accordit that thai suld pas up a

20 day till ane hie hill that is besyde Rome, men callis it
the mount Aventyne, and quhilk of thame that befell in
that mountayne the fairest aventure, he suld be king and
lord. And sa befell that Remy past up first to the moun-
tane with his men3e, and the first enconter that he met,

25 he met vij grete foulis lyke emis callit voultouris, the
quhilkis lyfis bot on dede caryouns of bestis. And syne
past up Romel, in latyn Romulus, with his folk, and he
met in his way xiiij of that ilke foulis. And than said
Remy that his aventure was better, and the tothir said

30 nay, for his n ombre was double ma than his, quharefore
and sa was thare grete debate ^it. And be caus thare
was a custume into Rome, maid be the senatouris, that
quhasa ever past out our the wallis of Rome be ony Foi. 13.
subtil tee, and nocht be the portis, he suld dee. And

35 sum men sais that Romel, for that caus, strake on his
brothir in the samyn place, and slewe him in the moun-

42 THE BUKE OF THE LAW OF ARMYS

taigne, and als be caus he wald nocht stand till his
promess that he had hecht. And sa was Romulus all
hale lord and syre, as tellis the worthy doctour Orasius.
And alssua, it is sa said in a glos of law Civile unde
versus fratemo premimur judicio sanguine mori. Than 5
began Romel to governe wisly, and chesit up till his
counsale ane hundreth men of age, the wysest that he
coud fynd in all the citee of Rome. And chesit a
thousand men of armis, the hardiest and maist worthi
men of were that he mycht fynd, and callit thai hun- 10
dreth wys men Senatouris, and thai thousand men of
armes he maid Knychtis, to the keping of his contree,
and the wis men for the govemaunce of the lawis, and of
his persone, and of the commoun prouffit of the toune.
And thir war the first senatouris that ever was in Rome, 15
and the knychtis tuke the name of knychthede of that
word mille ; unde miles quasi unus de mille, na had na
knychtis, before that, the name of miles in Latyn, for the
knychtis, before that, war nocht maryte, na had na wyfis.
And than tuke thai to wyfis the Scabins, douchteris of 20
Rome that ware maidenis, for the quhilkis, thare was
grete were betuix the Romayns and the Scabins for that
caus. Bot at the last Romel had the victory e apon thai
Scabins; for Romulus discomfyte thame in fair felde
with bataill. And than was thare at Rome a lady callit 25
Sibilla de Roma, the quhilk was haldin for a prophetess,
and tald mony grete thingis that was to cum, and had
grete renoun our all the warld. And syne sais the storye,
that quhen he had discomfyte the Scabins, and put thame
in his merci, a day hapnyt to cum about him sik a cloud 30
that na man of his company mycht se him, nor na bit of
his body, bot vanyst fra thair sicht away sa on day lycht,
in myddis of his company, na never efter was sene in
this warld. And tharfore said the Romayns that treuly
he was of the lignage of thair goddis. And sa endit 35
thai twa brethir.

THE BUKE OF THE LAW OF ARMYS 43

J-JERE begynnis the storye to speke of the next Em- [Chapter
peroure, the quhilk had na King the space of a ^ere and
a half efter that. And for that tyme it was all goverayt
be thai hundreth wys men callit senatouris. And syne
5 regnyt ane, callit Nyma Populi, in the tyme of Y^achiel
the prophete. And that king ordanyt that thai knychtis,
that was ordanyit to kepe the landis and the toun, suld
be payit of thair wagis to hald up thair estate and thair
lyfing. And ^it than was dame Sibill lyfand, the wys

10 womman. And this king regnyt xl 3eris and iiij. And

syne here efter, spekis he of king Tules, quhilk was a [Chapter
grete werreyour, the quhilk was in the tyme of king
Damassen, Roy de Jude ; the quhilk was first that ever
maid kynglyk habytis, that ar called habytis royalis, of

15 purpur richely. And nocht agaynstandand that Rome
had pes with all thair nychtbouris, ^it maid he were to
king Dalbare, and put him in to grete povertee, and all
his realme. And syne come our the water of Tibre aganis
the Fedeneis, a kynde of men, and put thame in grete

20 distress, the quhilk quhen he had govemyt pesably
xxxiij ^ere, he and all his houshald in a hall was
brynt to dede, with the thonder that fell sudaynly
out of the hevin. And syne was thare in his tyme
ane othir lady that was callit dame Sibill of Rome,

25 quhilk was a prophetess, and talde mony mervail-
ous thingis of the tyme tocum. And scho was callit
Sibill Somian. And be cans it war oure prolixt,
I will nocht tell of all the Kingis and thair bataillis,
etc.

30 CYNE efter this, was king ane callit Archy, and that [Chapter v.j
was in the tyme of Josue the gude king of Joury, the
quhilk biggit the citee of Hostrye, the quhilk is nereby
Rome, and now is bot small. And he maid alssua
mony bataillis on this half Tibre, the quhilkis war our

35 lang to count, and regnyt xiij ^ere, and strake mony

44 THE BUKE OF THE LAW OF ARMYS

grete bataill. Syne spekis he of king Ferniclin. Here
spekis he of the v king.

[Chapter HTHE fyft king of Rome was king Tarquynian, and that
was in the tyme that Joachim fut was king of Jude. And
he gert first mak the bowis to schute with at Rome, and 5
he gert mak mony faire palacis, and biggingis, and gert
mak the capitole. And the caus quhy thai maid it was
for quhen it was first maid, the masons fand a hedeles
man in the place quhare thai sought the ground, and
tharfore was it callit the capital e. And this kyng regnyt 10
xxxvij 3eris, etc.

Here spekis he of the said king Ferniclin, and he was
in the tyme of Sedechias king of Jowis. And this king
Ferniclin gert mak at Rome the foussis grete and large
that mervaill was to see. And alssa he ordanyt that 15
every man of his contree maid him merely sum service,
the quhilk was nocht wont to be done before, and
tharefore ane callit Tarquyn slewe him. And in that
tyme, the King Nabugadonosor king of Caldee maid
grete persecucioun apon the kingis of Joury, oflf the 20
quhilkis spekis the decreis in syndry placis. And syne
remaynit that ilke Tarquyn the orguillous, that is to
say, the haultayne Tarquyn, king of Rome, the quhilk
fand all thir maneris of imis cheynes, fettris, and boys,
to prisoun men withall. And this king had a sone 25
callit Tarquyn, the quhilk for love, tuke a woman of
force in Rome. And forthy, the peple of Rome ex-
pellit him and his fader bathe, for evermare out of
Rome ; the quhilk was a maidyn callit Lucie. And syne
thai past bathe till a king that was callit Estuse, that 30
maid grete were to Rome. Bot it was tretit efterwart
betuix the king Estuse and the Romayns. Bot the
tothir na his sone come never agayne in Rome, for na
trety that mycht be, bot deid in wrechidnes and in
povertee. And syne was lang tyme or thare was a 35

THE BUKE OF THE LAW OF ARMYS 45

king in Rome, bot consules and senatouris, the quhilkis
governouris was ordanyt to governe, ilke 5ere twa
sindry, for dout that thai worth proude and hautayn
of thair office. And wit 3e that, efter the opynioun of
5 the noble Doctour Orosius, the lordschip of Rome is of
lenth and brede bot xv mylis without the wallis on
ayther syde. And the twa first consules that was
governouris was callit the tane Lyuy and the tothir
Bark. And was in that tyme ane notable clerk callit

10 Pictagoras, the quhilk had grete renoun. And ane othir,
callit Socrates, was put in prisoun, and tharein poysond.
And alssua, sais the storye, that the noble philosophour
Aristotil was than of xyj 3ere of elde, and was disciple
of Platoun. And in that tyme the Scabins come aganis

15 Rome in grete eflfere of were, to destroy it alluterly.
And than was it ordanyt that outhir the consules suld
be put doune and the senatouris, or ellis thare suld be
chosyn a chiftane to defend the citee. And thare was
grete discorde, for the ta party wald it, and the tothir

20 partye wald it nocht, bot that were grevit nocht mekle,
nouthir to the ta part, na to the tothir, and hapnyt efter-
wart that quhen the consules governyt at Rome, the
Roraaynes put thame furth of the toune, and said thai
wald have na mare consules, and ordanyt ane othir

25 maner of officiaris, the quhilkis thai callit trybunys,
the quhilk is alsmekle, to say in Franche tong, as de-
fendouris of the peple. And in that tyme was the first Foi. 14.
lawis civile that was brocht to Rome fra Athenes that
is in Grece, and was wrytyn in x tablis of evore, to the

30 quhilk the Romaynes ekit twa, and ar callit to this day
the lawis of the tuelve tablis, and in Latyne, Leges duo-
decim tabularum. And efter that Rome was foundit
thre hundreth ^ere, thare fell grete were betuix the
Vegenes, with mony grete bataill discorafyt thame at

35 the last, and putt thame to nocht. And efter the be-
gynnyng of Rome thre hunder 3ere and sexty, the

46 THE BUKE OF THE LAW OF ARMYS

Romaynes tuke be force the citee of Ipernestre, and
viij othir citeis obeyand till it, and put thame in thair
obeisaunce. And in that ilke tyme, was thare sa grete
a mortalitee in Rome that it was grete pitee to se the
dede of sum, and the sorowe of otheris. And in thai 5
tymes befell that in myddis the citee of Rome, the erde
opnyt, and cum furth of the erde a stynkand ayre with
a foule reik that smyttit sa mony folk that grete mul-
titude of peple deide tharethrou. And syne efter that
come agayn Rome the Cokkis, in Latyne, Gallici, the 10
quhilkis maid thame grete weris. And sa was thare a
knycht askit just)mg of a Romayn, and he grauntit him
with gude will, and wan him wichtly of were, and tuke
fra his half, a grete wreth of golde, callit a sarp be sum
men, and put it about his hals, the quhilk is callit in 15
Franche a redorte. And be that cans, that knycht and
all his eftercummaris of him was callit redortaris, efter
that Cokk. And in thai tymes was borne Alexander
the conquerour, that mekle was redoutit in all the
warld. And in that tyme the Romayns biggit the 20
citee, and Bennet now callit of Naplis, and als thai
biggit Romain tolle.

[Chaoter A ND be caus that in this tymes, was the grete Alex-
ander, here will we speke of his end, and how efter
the 5ere a thousand thre hundreth and xxxvj ^eris, deid 25
the gude king Alexander, the quhilk be force of armys
had conquest all the Orient, lytill wantand. And thocht
till have cummyn towart the Occident. Bot the dede
that all thing tamys was starkare than he and all his
ost And thus may men se that the va3m glore of 30
this warlde is sone gane, for in lesse na in ane houre
all the joy that ever man had in this wrechit warld,
tJ richess he levis, Et sic transit gloria mundi.
^YQt the story sais he deid be poysoun. And his
poveP^ his conquestis lestit bot xij jere, and othir 35

THE BUKE OF THE LAW OF ARMYS 47

xij 3eris he visyte his conquestis, as sum stories sais.
And in the tyrae of his regne, thare enterit in the parties
of Rome and of Poyle, a kynde of men callit Sannes,
and was armyt in armoure of gold and silver, rycht
5 richly, and had grete dispyte quhen thai saw that the
Romayns had sa grete powere, for thai wend nocht
ony mycht have bene peris to thame, thai had sa
noble contree. And thair maister citee was als mekle
as Rome, or as Cartage, and it was callit the citee of

10 Cappol. And quhen thai come in bataill aganis the
Romaynis, thai war discomfyte rycht vilayusly, bot efter
that, thai realyd, and come on the Romayns ane othir
tyme, and discomfyte the Romaynis, and did thame grete
outrage in playn felde of bataill place. Bot efter that,

15 the Romaynis wan ane othir bataill apon thame, and
discomfyte thame, and schew sik power agaynis thame
that thai slewe thair king, and discomfyte thair citee
utterly, and slewe mare na xxiiij thousand in felde.
And efter this, quhen the peple of Tharent was averd

20 that the Romaynis wald passe nere, our all the contree ;
and put thame in the contrair of Rome, and askit help
at the king of Grece, schir Peris, the quhilk brocht
thame sevin thousand knychtis, four score of thousandis
of sergendis, and four hundreth olyphantis ; the quhilk

25 nocht agaynstandand, he was discomfyte alluterly, and
past aga)m in his contree with fewe folk and mekle
distress. And than saw thai of Tarent thai mycht na
better do, and maid thair bandis of allyauncis with
thame of Cartage agaynis the Romaynis. And was sa

30 mony bataillis betuix thame that it was grete mervaill,
quhilk I may nocht count, for prolixitee. Bot a doctour
callit Hutan maid a grete buke of thai weris. And it
is to wit, that the citee of Cartage was biggit before
Rome, the space of thre score and twa ^eris, the quhilk

35 Cartage kepit the Cicil, and othir ilis in the see, to mak
obeysaunce to Rome ; for thai sett thame to occupy the

48 THE BUKE OF THE LAW OF ARMYS

sen3eoury of thaim be force of armes. And thai gave
counsele to Hanyball to tak part agajmis the Romaynis
in the parties of Cicile, and sa did he, and brocht peple
but nombre, that nane coud gesse sik multitude thai
war, and with xxx*^ thousand Elephantis. And nocht 5
ga)mstandand all this, the said Hanyball was discom-
fyte, and tynt all his schippis, and few eschapit of his
folk, be twa consulis of Rome, the tane was callit Guet,
and the tothir Gay.

(Chapter UERE spekis he of Archile, consul of Rome, how he, 10
efter the chace of Hanyball, tuke his voyage with ma na
sexty thousand tryit men of armys, and past towart Car-
tage to visyte Hanyball mare nere, and come to Affrik,
the quhilk he put sone in the obeisaunce of the Romaynis,
with maa na Ixx citeis in that contree. And syne gave 15
felde of bataill to thame of Cartage, with the power of
othir thre kingis with thame, the quhilkis he vencust, all
halely, and put thame to the flicht, and slewe of thame
unnoumerable. And sa folowit on thame towart Cartage,
till a ryver callit Bragad, quhare thare was a Dragoun 20
grete and felloun, the quhilk held in lenth sex score of
futis, the quhilk, othir t>*mes, had slayn mony peple, and
namely of Romaynis, the quhilk that consul of Rome
faucht with, and slew it, and gert fla it bel)rflaucht, and
bring the skyn with him to Rome. And syne come he 25
with his power before the citee of Cartage, and proflferit
to trete with thame of pes, bot thai of Cartage for thair
hye pryde and grete mycht, wald of na pes, sayand thai
desyrit erar were na pes. For thai had mony princis with
thame, to thair help and counsale, of the contree of AITrik, 30
and gave him day of bataill, the quhilk consul of Rome
was discomfyte and tane prisonare, and all the Roma3niis
slayn doun, and he put in strayte prisoun, bundyn with
mony chen^eis of ime, and sa was the ost of Rome de-
stroyit that come in that contree with him in that tyme. 35

V

THE BUKE OF THE LAW OF ARMYS 49

And quhen the Romaynis herd of that mysfortune, thai
war sa wa thai wist nocht quhat to do, and withoutin
langer delay, armyt thre hunder schippis with gret
power, and send upon Cartage ; and aganis the princis
5 of Aifrik ; and thai of Cartage maid ane armyng of als
mony schippis agaynis thame of Rome, and thare began
cniell were and bataillis mortale. Bot at the last the
Romaynis war discomfyte. And of thame spekis Orosius Foi. 15.
the grete doctour, that the Romaynis ar hardy in curage

I o quhen thai get na resistence, and redy to the flicht quhen
thai ar wele contred. Alssua efter this, the Romaynis
come into Spayne, and laid a sege till a place callit
Sagence, and wan it throu hungir, and syne come apon
schir Hanyball the Emperour of Affrik, and put the sege

1 5 agayne before it, and wan it agayn, and destroyit it al-
luterly, quhilk was grete pitee, for it was the flour of the
citeis of Spayne in thai tymes, bathe of folk, and richess,
and delytis. And quhen schir Hanyball he past fra BeiiumRo-
Spayne towart Lumbardy, and throw the mountaynis to

20 pas agaynis the Romaynes, the quhilk of peple had sik
a multitude that was mervaillous. And nochtgaynstand-
and that, he tynt mony of his peple or he come in the
playne land of Lumbardy, ^it was he ma na ane hun-
dreth thousand of fut men, and twenty thousand horsmen,

25 and all wele enarmyt. And thare was in that counsale
at Rome, schir Publy, schir Cipro, and monsieur Sopny.
And quhen the Romaynis herd tell that schir Hanyball
was in the plate placis of Lumbardy, schir Cipro come
agaynis him in felde with all his menje rycht smertly,

30 and the bataill was sa stark, and sa cruell that it was
grete mervaill that all the Romaynis that was thare was
dede. And gaynstandand that Schir Cipro was a hardy
man of armes, and come as a wode man, for sorowe and
dule of his men that he saw tynt, and was wele horsit

35 on a fair coursere, and come the rycht way to schir
Hanyball, and gave him sik a dynt of spere that he

D

manorum.

50

THE BUKE OF THE LAW OF ARMYS

wende he had slayn him, bot he was sone put to the
ground and slayn, and sa was all the Romaynis slayn
and destroyit in that tyme, and throu that ilke Hany-
ball and his ost.

[Chapter
IX.]

Bellom Ro'
manorum.

Bellom Ko*
manorum.

MOW spekis he here efter this, of this schir Sompny 5
consule de Rome the secund, he cummyn agayne fra
Cicile, with his men^e, quhilk was nocht lytill, and
quhen he herd that his falow was our thrawin, and
his ost, with schir Hanyball, he was sa wa that nere
witles he wend. And furthwith, but mare abade, gert 10
blaw up his trumpis, chargeand all maner of men that
till him wald obey, that furth with, thai war redy to
pas apon schir Hanyball the Emperour of Affrik, the
quhilk was he herd, he drest hym stoutly agaynis
thame in his best wys^ and sa was the twa bataillis 15
arangit, and come hardily, the tane agaynis the
tothir, quhare mony worthy man, knychtis, lordis, and
otheris was borne doune dede to grounde, throu dynt
of hand, that it was a grete pitee to se the cniell
vengeaunce. Bot at the last, all the Romaynis was 20
outhir dede, or tane, that archely mycht the consul
schir Sompny wyn away with his lyf. And quhen
schir Hanyball had done this, he herd tell of the
tothir consul, that was callit Flumen, the quhilk was
in the mountaynes with grete power, bot he had at 25
his govemaunce mony grete citeis. Than schupe
schir Hanyball him, evin the stricht way quhare he
was. And quhen schir Flumen herd tell that he was
cummyn to seke him, he semblit his folk and maid
him to mete him in faire felde, bot the consul was 30
slayn, cummand to with schote, quharfore his men
tuke sik dispaire to thame that the bataill was tynt,
and all the Romaynis slayn and tane, ofif quhilkis
thare was left in the felde ma na xxv thowsand
fechtaris, and sex thousand tane prisounaris, sa that 35

k

THE BUKE OF THE LAW OF ARMYS 5 1

the Romaynis was doutand to be destroyit at all
poyntis. And sa ordanyt the counsale of Rome thre Magnum

. . bellum Ro-

othir consules to maynteine the wens, that was schir manomm.
Luce, schir Pol, and schir Publy of Tharent, and
5 schir Baro, all four consules of Rome, and ordanyt
thame four to pas in bataill agaynis schir Hanyball
the Emperour of Affrik, with all the power thai
mycht be of, and sa was done in dede, and sa fer
passit thai to that contree quhare he was, quhill thai

lo come till a place Canosse, and that was nere before
Puylle, quhare thai arangit thair bataillis and strake
stoutly togeder. And be caus the Romaynis war
nocht wele in ordynaunce thai war disconfyte. And
the Affricanis slew doune the Romaynis as thai had

15 bene bestis, sa that thare was slayn and disconfyte
in that felde ma na Ixiiij thousand persouns, and thare
was schir Pol, and schir Emylle, consulis with xxv
thousand grete men of nobless of Rome, and senatouris
of grete renoune, be the quhilkis Rome was govemyt

20 in maist part. Bot ane of the consules callit schir
Baro fled with fyve hundreth hors men. And, sais
the noble clerk Orosius that and schir Hanyball had
past furth with to Rome, efter that bataiU, he had
nocht fundyn na man to mak him diffence, bot he

25 thocht nocht thareapon. Bot in takenyng of victorye,
he gert gader togeder all the golde ryngis that was
apon dede mennis handis, and turs with him to
Cartage, the quhilkis mycht nocht all gang in twa
grete tonnys. And the Romaynis had sa grete drede

30 that, and he had cummyn towart the said citee, the
peple wald have fled for raddour. And sa had thai
done, had nocht bene schir Cipro deffric, quhilk dang
agayn thame that wald have fled the toune. And
thus was Rome put in grete distress, sa that thai tuke

35 up for fault of men of armys, the labourouris bondis,
and maid thame free, and maid thame knychtis, and

52 THE BUKE OF THE LAW OF ARMYS

armyt thame with the armouris that, othir tymes,
knychtis had gevin to thair goddis, efter thai had vic-

Nota. torye in bataill. And ^it for fault of men thai did

mare na sa ; for thai gert tak out of all the prisounaris
that was in all the prisounis of Rome, and made 5
knychtis of thevis and revaris. And gert cry that all
maner of man, that had bene before tyme banist out
of Rome, suld cum agayne, and thai suld be maid
knychtis, and have remissiounes, and inlawit for ever-
mare, off the quhilk kynde of men thai gat wele sex 10
thousand armyt men to kepe thair toune that did
thame grete confourt. And than said the noble doc-
tour Orosius, Haa, michty God of hevin ! sais he,
quhat nobless, quhat richess, quhat joye, quhat solace,
quhat honour, in Rome is toumyt in grete distress, 15
quhen the noble citee of Rome is governyt be bondi*
and thevis, revaris, murderaris and all maner of un-
worthy men. Wele aucht thai, that ar of the aide
honour, have thair hertis dolorous and disesit. Sa
come schir Hanyball, with all his ost, towart the citee 20
of Rome, quhill he come nere at twa myle or thre,
that is bot a Franche legge, sa that all that was in
the citee was rycht afirayit, that thai wist nocht quhat
to do, quhill the ladyes and burgeis wyfis past on
the wallis, and gaderit stanis to defend the citee, for 25

Nota. fault of men of armes. And sa come Hanyball and

all his ost nere to the wallis of the toune, till a port
that is callit CoUaby. And thare come agaynis him
a consul, was callit Sylvi, and quhen thai war redy to
strike togeder, thare rais sik a tempest that nouthir 30

Foi. 16. of the parties had power to stryke a strake for the
cruelnes of the tempest. And sa past schir Hanyball
agayn till his tentis. And als fast as the tempest
was cessit, thai trompit up agayne, and come to the
bataill agayne. And incontynent, quhen thai war redy 35
to strike togeder, thare come agayn a mare hydous

k

THE BUKE OF THE LAW OF ARMYS 53

and terrible tempest na before, be mekle thing, sa
that thai war fayn on bathe the parties to unbedraw
thame agayne to thair pavilliones and tentis. And
thus Hanyball, considerand that the citee was desolate
5 of help, God wald nocht the destruccioun of the peple
na of the citee, and wald tempt God na mare, bot
tuke his way, and past in othir contreis, and left the
citee of Rome in pes.

JJERE tellis the storye the mekle valiaunce of schir [Chapter x.i

lo Cipro consul of Rome, the quhilk was of xxviij ^eris
of age. Past in Spayne with a grete host of men, and
wan a citee callit the new citee of Cartage, in Franche — Carugc.
la Nouvelle, the quhilk he wan be fors at assault, in
the quhilk thare was lord and syre the brother of

15 Hanyball. And in that citee of new Cartage he fand
sa grete quantitee of gold, that it was grete joy to
see. With the quhilk he sawdit grete nowmer of men
of armys that him nedit nocht to send to Rome for
wagis till his men. And in that citee he tuke the said

20 brothir of Hanyball the Emperour of Aflfrik, and send
him to the citee of Rome prisounare, and was callit
schir Mangon. And efter this, the lordis of Spayne
rais agaynis him, and thare was mony a stark bataill,
bot ay he wan. And syne quhen he was wele refect, he BeUom.

25 passit in Affirik, to mak were on Hanyball. And thare
met him with bataill ane callit the duk of Pommes,
m Latyne Pomorum, the quhilk he wan in a fair felde,
and slewe of his men3e ma na fourty thousand, the
quhilk quhen the folk of Cartage herd, thai worth wode

30 for dule and dises, and had sik drede that thai war will

quhat to do, and send word to schir Hanyball that, Hanybei
for the lufe of God, he come sone to thair help. And ^Z^
quhen he herd the newis bathe of his brothir taking,
and of the grete slauchter that was done apon his

35 frendis, he gret for sorow. And gert wame all his obey-

54 THE BUKE OF THE LAW OF ARMYS

saunce of Lombardye to mak thame redy to bataill,
bot the knychtis of the landis of Lumbardy wald
nocht graunt to pas with him in Aifrik, for the quhilk
he gert tak thame all and strike of thair hedis, and
come on with sik power as he mycht be, rycht full of 5
breth and ire. And come to Cartage, and thare the
folk of Cartage send message to schir Cipro, till have
trety, bot he wald nocht here thareof, bot dressit him
to the bataille. And day was sett of bataill, in the quhilk
to count all the vasselage that thare was done on ayther 10
syde, it war mervaile to here, and our lang to declare,
Bot fynaly the Emperour of AfTrik Hanyball was dis-
comfyt, and fled away, bot four men in his company,
as sais the storye. And thare was sik slauchter of men
that pitee was to see. And thare enterit schir Cipro in 15
the citee of Cartage, for the gude men of were sa clene
war sla3m doune, that thare was na men for to defend
the toune. And thus was the grete power of Cartage
put doune be the Romaynis, the quhilkis of the realm

Beiium. of Cartage held thame lordis and maisteris. Bot quhen 20
the king of Perunche herd the tydingis, it plesit him
na thing, bot semblit a grete ost of men, and come
agaynis schir Cipro and the Romaynis, the quhilk was
passit agayn in Spayne. And thare was grete were, and
grete bataill, bot at the last the Romaynis wan the 25
felde, and discomfyt the king of Perunche and all his
men3e, and was grete peple slayn and tane. And quhen

BcUum. the king of Macedoyne saw this, he semblit a grete
host to cum apon the Romaynis, and set thame bataill
till a consul callit schir Flamme, the quhilk had grete 30
multitude of gude men of armes ; bot nevertheles, the
said king of Macedoyne and all his folk was discom-
fyte syndry tymes, and mony men dede worthy on aythir
sydis slayn. Bot the said king of Macedone was put to

BcUum. nocht, of the quhilk the king of Antheoche was sa 35
displesit that he schupe him to mak were apon the

THE BUKE OF THE LAW OF ARMYS 55

Roma3niis, and come throu the contreis of Ayse and
Europe, and quhill he come towart Affrik, the qu^ilk
quhen schir Hanyball herd of his come, he semblit
the litill power that he mycht be of, and come to the
5 king of Antheoche, and put him in his company. And
quhen schir Cipro herd that Hanyball was thare, he
tuke mare curage na before, and semblit his menje and
gave thame bataill, and thare grete nobless of men slayn
on aythir syde, bathe on the land and on the see, for

lo the ost of Antheoche come be see, and Hanyball with
thame ; hot to tell of all the bataillis and slauchter that
thare befell it war tere to tell. Bot schortly, at the last
the Romaynis discomfyte the king of Antheoche, and
all his men^e, and thare was this Hanyball agayne put

15 to the flycht, with all the ost of Antheoche. Bot syne
was the pes tretit betuix the Antheochanis and the
Romaynis, be certane accordaunce and appoyntment, in
the quhilk appoyntment Hanyball was nocht conforsit

JJERE spekis the storye of the destruccioun of the [Chapter

20 citee of Cartage be the Romaynis. And thus was it
ordanyt be the govemouris of the Romaynis, that all
maner of man under payne of dede, brocht his armoure
to the lordis of Romaynis, in the palace, the quhilk
thai durst nocht gaynstand, but brocht all halely the

25 harnes, and thai departit thame amang thair menje,
and put the remaynand out of the toune. And quhen
thai had this done, thai gert cry that all maner of man
and woman of Cartage suld schape thame and thair
gudis to pas in othir contreis to lyve, and leve the

30 toune waste, the quhilk quhen the folk herd, than war
thai wa that thai had gevin thair armyng fra thame,
sayand that thai had lever all dee togider na to leve
that noble toune, and ground that was sa delytable and
sa gracious that thai had sa grete regrate to leve it,

35 that all maid sik sorow, man and womman, that pitee

56

THE BUKE OF THE LAW OF ARMYS

Nou.

Fol. 17.

The vingag
of the towne
of Cartage.

Nota.

bellam.

was to se. And sa thai tuke to counsale that, sen thai
had nane armyng, na ime to mak it of, thay had gold
and silver yneuche, thai suld mak thame armouris of
gold and silver, and sa did. And maid thame four
constables in the citee, and schupe thame hale for 5
bataiU. And semblit thame togedir, and sett fyre in
ma na x or xii placis in the toune the quhilk for vi
or vij dayis cessit never of bimyng that noble citee,
the quhilk, as gude doctour Orosius sais, had sexty
thousand pass about the vingang of the toune, and sexty 10
cubitis of hicht the wallis, and the thiknes of xxx*^ fut
the wallis, the quhilk was sa riche, mychty, and of nobless
delytis and beautee, that it is nocht to be countit for
dout that men wald nocht trow it, as sais the doctouris.
And was biggit bot sex hundreth 3ere and ane, before 15
that tyme. In the quhilk tyme the citee of Corinthe,
the quhilk sanct Paule callis Ad Coryntheos, in Latyne,
was tane be the Romaynis, and wastit alluterly. And
the takaris war schir Gay, schir Cornelli, schir Bruy,
and schir Barro consules of Rome. Alssua all the 20
contreis that men callis Achay was tane and put in
the obeisaunce of Rome. And thus had the lordis of
Rome at anis nere all the maist part of the warld.
And it is gude to wit how in that toune of Corinthe
thare was mony ydolis, and fals goddis maid of gold 25
and silver ; for in that toune was grete quantitee of all
metallis, quhilkis meltit quhen the toune brynt, and
schot doune all togedir the metallis, and mellit thame
all togedir, and was callit brasse. And in that tyme
thare was a bame borne in Rome, the quhilk had four 30
fete and four handis, four eyne and four eris, and had
bot a hede, a body and twa pyntillis. And the bame
was borne of a sclave, of the quhilk is mony in Rome.
And this thing befell fyve hundreth ^ere and xli ^eris
efter that the citee of Rome was first biggit. And in 35
that tyme thare come agaynis Rome to destroy it the

THE BUKE OF THE LAW OF ARMYS $7

powaris of Cipre, the poware of Almayne, and the powere
of Fraunce, bot the Romaynis was wele wamyt tharof,
and met thame fra Rome a grete way, in bataill rangit,
schir Mahet consul of Rome with peple unnowmerable.
5 And thare strake thai togedir, in a maner that hard was
to here tell, that sik a stour and sik vailliaunce, na sik
destruccioun of blude was never before that tyme sene
in a felde, for the bataillis was bathe sa stark and mychty,
sa cruell and sa mortall, that lang time the stoure durand

lo mycht nane ken quha had ony avantage, quhill at the
latter of the felde, the Romaynis tynt thair chiftanis
with mony of thair worthy men of armes, lytill and
litill with lang sare fechting, sa that quhen the bataill
tuke end as it behovit to do, the Romaynis was all

15 discomfyte in that bataill utterly, the quhilk was sa
lathe to geve our, that almaist mycht nane persave that
ony quantitee of peple eschapit fra the bataill. Off the
quhilk cruell mortalitee it was sa grete pitee to here
the crye, and the lamentacioun that in Rome was maid

20 be the peple, quhen thai herd the newis, for nane coud
nombre the grete multitude of peple that deid on bathe
the sydis, bot as I herd in the stories rehers, thare
deid of armyt men, but commonis, of the Romaynis
mare than xxiiii thousand, with fourty thousand of

25 otheris quhat of the partyes of Couloigne, quhat othir
thair allyes, and quhen the felde was dispoylit and
endit, the Franche men with thair allies tuke to coun-
sele, and send ten men of the Romaynes to tell the
newis to Rome, and ask deliveraunce of the toune. Bot,

30 grete god, quhat sorow was to se how the cry and the
noys rais in the toun amang the peple, sa hydously that
it was horrible to here, quhen sa oft and mony tymes
that thair kyn and frendis was slayn doune, and mycht
never lyve in pes na rest, that nane that saw it mycht

35 hald for grete. Bot jit was thare a noble man, consul beUam.
of Rome, callit schir Sompny, the quhilk semblit agayne

58 THE BUKE OF THE LAW OF ARMYS

all the powere of Rome, and come agaynis thair inymyes
foresaid ; bot quhen he came the frost and snaw was sa
fell, and sa stark weder, that thai coud nocht fynd to
geve thame, as than, bataill. Bot sone efter, he set on
thame smertly with sik hardynes and ferstee, that unes 5
mycht the Fraunche men and the Almaynis put thame in
ordinaunce of bataill. And sa for thair misgovemaunce,
thai war discomfyte ; and all that ost destroyit that grete
pitee was to here tell. For, as the doctour in thai stories
sais, thare was slayn in that felde that tyme, sevin score 10
of thousandis ; and sexty thousand prisonaris. And for
that victorye that thame befell thare, was ordanyt to
big a temple in Rome was callit Cypriane, pour le3
gens; for the folk of Cipre that thare decessit. And
thare was sa mony wommen with thair bamis tursit with 1 5
thame, the quhilk bamis thai slew all halely, quhen
thai saw the bataill discomfyt, and thair faderis slayn
for dispyte thare, etc

xnT*' H^^^ *^^^ ^^^ storye of the bataill that was efter
Nou. ^^^^> betuix the Almaynis and the Romaynis, the quhilk 20

the Almaynis wan, and disconfyte the Romaynis. The
stor)'is sais that efter that Rome was maid, sex hundreth
sexty and ten ^eris, thare was sene mony evill taken is
at Charente. For a lang tyme efter, quhen folk schare
thair brede on a day, the bred bled als fast as it had 25
NouL bene efter a wound. And efter that, was sene a grete

flaumbe of fyre in the aire, sa hye passand, that it was
lyke as it wald pas to the hevin, and all the tame
bestis, as hundis and haukis, hors and ass, or schepe,
or nowt, that was wount to duell with men hamely, 30
worthy sa dolorous, that it semyt that thai gret for
sorow, and hid thame in woddis, and namely, the doggis
past in woddis and hid thame as wolfis, and maid sa
grete noysis and dolouris, that it was like a greting.
And sone efter that the Almaynis sett thame to revenge 35

THE BUKE OF THE LAW OF ARMYS 59

cruelly the distruccioun of thair peple, And sa had
thai syndry bataillis that was done in thai parties, the
quhilkis we leve to speke of as this tyme. And it is
to wit that Julius Cesar regnyt in that tyme, quhilk Julius Cesar.
5 was Jong, and was discomf3rte in that bataill, and mony
of the nobles of Rome. And Julius Cesar fled him
allane with few in company, that with grete payne
mycht he sauf his awin lyf. And mony tymes war
the Romaynis ourcummyn in thai tymes, and had grete

10 misfortune, and tynt mony grete bataillis in syndry
contreis, and ay had the werr. And quhen the sena-
touris saw the fortune gang agaynis thame sa auk-
wartly, than cled thai thame in clething of sekkis, and
in wedis of doloure. And sa did the noble consul

15 Julius Cesar, that was bot consul jit, and was of sa
hye hert that it grete mervaille. The quhilk lord, quhen
he saw the senatouris and consules sa cled in sekkis
and in dolour, and him self in the samyn, his hert
rais in his breste and belit sa, that unes mycht he

20 left for ire. And gaderit the power of Rome, and past
apon the inymyes of the empire of Rome, and gave
thame bataill with sik a stoutnes of hardy men of
armes that he putt thame all to destruccioun, and
vencust all thair menje, and put thame to nocht. And beiium.

25 in the samyn tyme come newis till him that ane othir
consul of Rome, callit schir Pompee, the quhilk othir
tymes was discomfyte with a kynde of men callit FoI. 18.
Damasienis, and had agayn realyd his folk, and gevin
thame bataill, and wonnyn thame and destroyit thame

30 alluterly, and slew of thame xxv thousand, slew thair
Emperour with mony noble werreyoure.

}-][£R£ spekis the storye of ane callit Scilla inymy to [Chapter
Rome, the quhilk strake mony grete bataill agaynis
the Romaynis, that, within less na x jere, thare deid
35 in prisouns xxiiii thousand Romaynis. £t cinq cens

6o

THE BUKE OF THE LAW OF ARMYS

Nota.

noble^ seigneurs, and fyve hundreth nobles of lordis
of Rome that deid in prisoun, with four consules, the
quhilkis the inymyes wald nocht lat to ransoun for
thair grete vailliantnes, the quhilk war our lang to tell.
And in this tyme the noble consul Pompee held up 5
the weris for the citee of Rome in parties of the Orient,
in the quhilk tyme he strake bataillis agayn xij crownit
kingis in the Orient, the quhilk he held at the barr,
and lete thame litill wyn at his hand. For bathe he
and his men war bathe wys, and hardy, and under- 10
takand, and of gude lyf, that is mekle to pris in men
of armes, for quhen thai ar clene, than ar thai hardy
as lyoune, and never ar aflfrayit for perile that may fall,
na disconfortit ; for worthy men and hardy ar ay of
gude confourt and governaunce. 15

[Chapter
XIV.]

Nota.

UERE spekis the storye of Julius Cesar, the quhilk, for
his mekle noblesse, thre worthi princis come till him of
thair awin curage and propre motyf, and maid him
obeisaunce. The tane callit was Ysalpyne, and the
tothir Galea tressa pino, and the thrid Thomasselyn. 20
In the quhilk tyme, as sais the stories, mony grete
batailles was strikin ageLyn the Franche men be Julius
Cesar, bot the Franche men had tynt sa mony men
that thai mycht na mare. And alsua, on the tothir
part sa mony men was tynt, that unes mycht men 25
se quha had the better, sa mony was dede on every
syde. Bot ever the said Julius Cesar maid the discon-
fiture, and put the Franche men all to nocht, and syne
passit agayn to Rome. Bot in passand he destroyit a
citee that was callit Turannes, that rebellit till him, and 30
tumyt him agayn in the landis of Gallie, and maid a brig
apon the ryver of Ryne, and quhen he come towart
Rome agayn, a Consul callit schir Tranaa wald hald him
at the portis, and nocht geve him entree. Of quhilk he
was at grete males. And than was Pompee with a grete 35

THE BUKE OF THE LAW OF ARMYS 6 1

ost in the Orient. And than quhen Julius Cesar was
cummyn to Rome, thai durst nocht wame him the portis,
bot thai said thai had na gold to geve him to pay his
souldiouris of thair wagis. He past to the hous of the
5 commoun tresour of the toune, and brak up the portis,
and tuke the gold that he fand thare to pay his mennis
wagis with. And syne furthwith passit to the land of
Legioun in Spayne, and thare conquest a men^e callit
Alphis, And syne passit ferrar in Spayne, and conquest a

lo kynde of men callit Pempionis. And this did Julius Cesar
for despyte of Pompee, quhilk had grete invye at him,
the quhilk was Consul of Rome, and had done grete
gref to that contree. And quhen he had done his will in
party, and quhen he had reconfourt his men^e, he passit beiium.

15 in Lombardye to mete schir Pompee, the quhilk fled juUus Cesar,
nocht, bot bade him stoutly in felde, for he was a worthy
prince and hardy lorde, and had folk ynewe at will, and
als he dred na man. And thare he ordanyt his bataill in
xxxii companyes, the quhilkis ar callit in Lombardye

20 cohors, that is divisiounis of bataillis. And quhen Julius
Cesar wist quhare he was, he sped him rycht sone towart
him, and ordanyt agayne his xxxii partis of his bataillis,
als mony partis of his men^e to mete thame. And sa
began the grete bataill sa vigorous, that the stour strake

25 in the hevin of the crueltee of that mortall bataill, that
it nedis nocht to tell, na rehers the grete prowess and
nobless of armes that thare was done, quhilk war our
lang to compt. And quhen the bataillis had sa lang
lestit that it was grete mervaill till endure, the bataill

30 of Pompee began to sched and till irk, and toke
the flicht, and past in the parties of Egipt, he and
thai that was left on lyve of his company. And thare
the king of Egipt herd that he was inymy to Julius
Cesar, and gert put him to cruell dede, for he lufit

35 wele Julius Cesar, and fayn wald have done him
plesaunce. And than Julius Cesar that wist nocht

62 THE BUKE OF THE LAW OF ARMYS

that he was dede, said he suld folowe him ay quhill
he fand him, and past efter him in Alexandry. And
quhen the King of Egipt herd that he was cummand,
he send him the hede of Pompee and his skyn, the
quhilk quhen Julius Cesar sawe, he gret sa fast that 5
he mycht nocht stanche lang tyme efter, sayand that
grete pitee war that sa worthi a man suld dee sik a
dede. And thus past Julius Cesar to the citee of
Rome, and was ressavit with grete joye. For mony
ane of the commoun lufit him, and the grete that lufit lo
him nocht doubtit him, and sa did him honour. And
quhen he come to Rome, than was he maid consul
with grete chere, grete feste and grete solempnitee.
And thare furthwith, he gert assemble all maner of
man of were, and ordanyt him to passe in Spayne, 15
for Pompees remaynis of his men maid syk deray thare,
that thai destroyit all that to the Romaynis pertenyt
in that contree. And thare he past and put to subjec-
Nota. tioun all that kynde of men, and scourit the contree of

thame, and destroyit thame halely. And syne he past 20
agayne to Rome with grete solempnitee. And incontyn-
ent, efter that he was cummyn, thai callit him in coun-
sale, and gave him the name of prince of Rome, for the
grete vailliaunce, and worthy dedis of armes and mony
bataillis that he did for the fredome of Rome. And 25
treuUy I fand never storye, thus sais the maister of
storyes, hydirtillis that ever callit Julius Cesar Emper-
our of Rome, bot consul ever quhill he come than last
out of Spayne. And than was he callit Emperour, as
said is. Bot gif ony callit him Emperoure, that was 30
mare for the grete bataillis and grete dedis he did, the
quhilk sterit ane Emperouris estate in his tyme, na for
suthefastnes. For the doctouris sais thai fand never in na
cronicles, na stories of Rome, na otheris that ever he was
callit Emperour, bot anerly first consul, and syne prince 35
of Rome. Bot he was rycht mekle enclynit to vertue

THE BUKE OF THE LAW OF ARMYS 63

morale, and all nobless, for he was bathe honest and
honourable, curtais and free, hardy and full of all gude
proprieteis, doubtit and lufit with all men, that a man
may nocht count all the notable condicionis that was in
5 him, that I have grete dule to think on his dede, war
nocht that it behovit be tocum till oure purpos under-
tane. Sa it befell in Rome, that mony envyes was had The siawch
apon him with the fals traytouris of Rome. And amang Ccsar Em-

preour.

the lave was ane callit Brut, and ane othir callit Casse.

10 Within the ^ere efter that he come of Spayne and was
maid prince, thai twa conspirit his dede. And sa be-
hapnyt that ane hundreth dais before his dede, thare fell
a tempest of the hevyn apon ane ymage, was maid efter
his semblaunce, and was nereby the capitoyle. And that

15 tempest of fyre fra the hevin strake away the letres that FoI. 19.
was writtin in his name apon the marbre stane of the
ymage. And in the nycht before that he was put to
dede, thare rais a wynd in his palace sa terrible grete
and hydous that he doubtit that his palace suld blaw to

30 the erde, that for ferdenes he rais and past to visyte his
palace. And syne quhen the tempest was cessit he come
in his bed ; and the lady his wyf said till him that scho
had had a grete avisioun that nycht, prayand him to hald
him in at prayeris and contemplacioun for that a day, to

25 set by ane evill houre, gif ony was to cum that day.
And than quhen he rais, the senatouris send for him to
be at the secrete counsale of the toune that day in the
capitoile. And thare the lady his wyf maid him in-
staunce nocht to pas thider, bot he wald nocht do hir

30 counsaile. And jit with that, come a secrete letter till
him in the momyng, of ane of his maist speciale frendis
quhilk had sum persaving of the mischef. And he had
na grace to rede that letter or he past to the capitoile to
the secrete counsale, bot held the letter in his hand

35 unred quhill he was cummyn in the hall of the capitoile,
the quhilk had he red he had savit his lyf. And be caus

64 THE BUKE OF THE LAW OF ARMYS

that it was ordanyt that na man suld enter in the capi-
toyle with wapnis na armouris, nocht samekle as a knyf,
and tharfore the prince Julius Cesar brocht with him
nouthir wapyn na armuris na othir defence bot in his
semat. And than the traytoiuis that had his dede 5
machynit had ordanyt ilkane of thame ane broche of
stele of gude lenth put doun on lang his hos. And
alsfast as he was cummyn in the counsale, thay traytouris
ran on him and strake him throu the body in ma than
ane hundreth placis. And quhen he sawe he was be- 10
traisit, he defendit him with fete and handis, and gert
mony of thame grovill that he mycht our get, and sa
stoutly sterit him amang thame quhill he mycht stand,
that thare durst nane cum on him allane bot thai war all
togeder. And sa lang daggit thai in him behynd and 15
before, and on aythir syde, quhill at the last he fell doune
dede in the place, off the quhilk it was grete scathe to the
citee of Rome. And quhen it was discoverit in the toune,
thai maid grete regrate and lamentacioun for the noble
prince, and furthwith gert mak a toumbe apon a hye 20
pillare of marbre in the fairest place of Rome, in myddis
of the mercate, and set thare abune ane ymage of him
curiously corvin in marbre the maist honourably that
mannis wit coud devis, the quhilk is ^it callit the pillare
Julien, the quhilk is of vi score of fut of hicht abune the 25
Nota. erde. And as tellis the storyes of Rome, thare was a

labourare nereby Rome, the quhilk at his pleuch gangand,
broddit his ox with a scharp brod, the quhilk ox spak
agayne sayand till his maister, quhy broddis thou me?
thou dois nocht wele tharof, for thou seis I am bot a 30
beste and dois as a beste. Bot or lang tyme be gane,
thare sail men that ar callit resonable do mare bestly
dedis. Of the quhilkis wordis the labourare was sa
abaisit that incontynent he passit to the citee and tald
this mervaill, quhilk na man coud devis na juge, quhill 35
the cas befell of the cruell tresoun of Julius Cesar the

THE BUKE OF THE LAW OF ARMYS 65

noble prince. Quharfore men suld nocht our mekle [Chapter
sett thaire hertis on worldly fortune na felicitee, the
quhilk quhen scho puttis a man to maist honour and
glore, than is it in maist perile to tume sudaynly fra the
5 hicht and puttis him full lawe, the quhilk fortune has
schawin hir fekilnes in mony maner of wys to the
worthiest that ever was as Ector, Alexander, Julius
Cesar, Josue, Judas, David and Salamon the wys,
Sampson the wicht, Absolon the faire, Arthure, Charlis,
10 Goddefray of Baylloun with mony ane othir full worthy,
the quhilkis fortune has set hye up on the quhele and
quhen scho left turnys the chaunce.

T-JERE spekis the storye of Octovian the nepueu of [Chapter
Julius Cesar, the quhilk, quhen his eme Julius Cesar

Nota.

15 was dede, he come to ask the seignoury of Rome efter
his eme, the yere efter that Rome was foundit, sex
hundreth and xj yere, the quhilk was ressavit, for he
was the said Julius Cesaris brotheris sone and of grete
5outhede. Bot nevertheles he wrocht dedis of elde and

20 nocht of ^outhede, for he conquest the Messines, and
was be him mony grete bataillis strikin mervaillous,
and apon a maner of folk callit Philippianis the quhilkis
was wikkit and evill peple and grete werreyouris. And
efter that, he vencust thame of Perusse that was grete

25 inymyes to Rome. And schortly to say, all the contreis
that war nere about Rome, that war rebellouris he put
thame sa law that thame behovit obey. And syne
efter that, he passit in Pers in the Orient and tuke it
be force. In the quhilk voyage he had mony bataillis,

30 and all was till his honour. And than quhen he come
agayn to Rome, than was he callit Emperour per le}
Romaynis, In Latyne, Augustus, and was the first that xhefyrst
ever was callit Emperour of Rome be suthfast and trewe of Ron
histories. And fra thyne furth, all the contreis began

35 to mak him obeisaunce, in takenyng that he suld have

E

Lome.

66 THE BUKE OF THE LAW OF ARMYS

the obeysaunce of all the lave of the warld. And be
caus that in this Octovianis tyme the sone of God
Jhesu Crist come in erde and tuke flesch of the blessit
Virgyne Mary, I will speke now no mare of his govem-
aunce. For the lawis sais quod adveniente principe, 5
cessat omnis subordinata potestas, that is to say that
quhen the principale lord and prince cummys, all
jurisdictioun of jugis subordynate cessis, etc.

[Chapter IJERE spekis the autour of a questioun be the quhilk

jurisdictioun come first to mannis sone in erde. Now 10
sen we have schawin how first come Kingis, and that
Kingis was lang before the Emperouris, now gude war
to se how jurisdictioun and execucioun of law come
first to man, to be haldin amang men. Apon the quhilk
thing I sail move twa questiones, sa that temporale men 15
and secularis may better knaw the caus quhy and how
it come first. And first, I spere quhyne come first juris-
diccioun ? The secund, quha was the first Juge ? And
as belangand the first questioun, fra quhyne come juge-
ment, I ansuere the efter a chapiter in decreis that it 20
come fra God himself, and be his awin ordynaunce ; and
the said chapter begynnis thus in Latyne, Qui resistit ;
and ane othir beginnis thus in Latine, Cum adveniente.
Bot gif thou redar will argue me thus, sayand that sup-
pos God gave power now of late to man, he gafe nane 25
at the begynnyng of the warld to have lordschip juris-
diccioun na power ane apone ane othir ; I ansuere the
that it is suth. Bot natheles he gave to man wit and
resoun, knaulage and discrecioun to goveme him reson-
ably. And alssua he ordanyt be nature, and alssua 30
naturale resoun and discrecioun schawis that, in all

Foi. ao. thing that has partis and membris, it is necessitee that
it have a hede. For quhy, quhare thare is na hede,
regemen na ordinaunce, thare resoun naturale failis, for
that cumis to men be ordre of resoun, for nature has 35

THE BUKE OF THE LAW OF ARMYS 67

ay resoun for it, and ay puttis resoun before, as God
has ordanyt. And thus lordschip and jurisdiccioun cum-
mys first of God and of resoun naturale, for till accord
mennis desiris togeder. For man may se be rycht ex-

5 perience that quhare every man is ylike grete maister,
that folk is bot in divisioun and discensioun, and sone
efter cummys to perdicioun. And alssua men seis that
in ane host of men of were is maid ay ane constable.
Bot in that entent that he suld be cheif, in cheif lordis

10 name, to goveme that host in law and resoun; and that
all the lave suld be obeisand as membris under him,
to be govemyt for thair awin gude, and the proffit
commoun. Alssua quhy is it that in schippis on the
see, men makis ay ane patroun and maister our the

15 lave to goveme all in resoun all the membris of the
schip? Certaynly bot that God has gevin sik naturale
resoun to man that him thinkis it is behufull thing
and necessaire, and may nocht ellis be gudely governyt.
And thus all jurisdiccioun and justice cummis fra God ;

20 and chosyn be resoun naturale throu mannis wit. And
alssua the gretest clerkis philosophouris naturale that
ever was, sais in thair naturale science of phisik sa,
unde Latinum Arestotiles, In omni pluralitate mem-
brorum, necesse est ut unum principetur et cetera

25 fuerint subjecta. The quhilk autoritee is thus under-
standin, that in all pluralitee of membris, it is neces-
sair that ane be as prince, and all the lave be obeysant
till it, and subjectis at his bidding.

JTERE speris the Autour quhilk was the first juge that [Chapter
30 ever was ordan5rt amang mannis sonis. To the quhilk
questioun he ansueris sayand that God was the first
juge that ^ver was. For quhy, quhen Adam had synnit,
God gave the sentence sone agaynis him, that in the
suate of his visage he suld wyn his brede, with the
35 tothir sentence alsa. Alssua quhen Cayn slewe Abell,

68 THE BUKE OF THE LAW OF ARMYS

God gave the sentence alssua, and refusit his sacrifice,
quhareby he schawis that unrychtwis offerandis ar nocht
acceptable na thankful! to his godhede. Alssua mony
othir sentences God gave amang men, quhilkis war our
lang to wryte. Bot fra the lignee of Adam multiplyit 5
in grete peple, quhen ane did ane othir injure, the fader
ay did resoun and chastisit his sone; for it efferis to
the fader to chastis his barnis ; and to the bamis it
efferis to be subjectis and obeysand to the faderis.
Syne efter this, the fader began to be juge of his awin 10
sone. Bot for sum tyme it hapnis in erde that the
bamis ar nocht of gude teching na will nocht tak with
the doctryne of the faderis, na wald nouther tak teching
na chastisement of the fader. And alssua sum faderis
ar sa pitous and wayke spiritit, that thai coud nocht 15
fynd in thair hertis to dyng na chasty thair bamis, quhilk
norist thair barnis ay the mare in vicis, quhen thai saw
thai war sparit and favourit of thair faderis that mycht
nocht fynd in thair hertis to punys thame efter thair
Nota. desertis as justice requiris. For few is thair faderis 20

that, and thaire barne had slayn ane othir wyfis bame,
wald put thair awin bame to dede tharefore. And be
this caus, quhen the peple persavit that the faderis wald
do na resoun, na justice of thair barnis, na that the
bamis quhen thai come till elde wald thole na correc- 25
tioun of the faderis, resoun gave the folk in thair hertis
to mak a soverane, the quhilk suld have na pitee to
do law and resoun, and to justify every man efter his
desertis, and the quhilk had power to do justice apon
bathe grete rebellouris and misdparis as apon the smallis, 30
and that mycht sustene the fede of thame quhen he
had done. And alsa, the quhilk had wit and resoun,
knaulage and discrecioun to do justice and equitee
betuix parties; and that tobe maid with consentis of
all that it appertenyt till. Bot sik reulis of ordynaunce 35
of jugis was nocht in thai tymes ordanyt be the com-

THE BUKE OF THE LAW OF ARMYS 69

moun consent tobe maid. Bot quha mycht, be maistry
or force of armes, be lord and maister, he tuke juris-
dictioun till him of his awin autoritee, as I have othir
tymes before declarit in this volume. And sa was
5 sene on thame, for thair jurisdictioun began with force
and crueltee, and endit rycht sa soroufiilly, of the quhilk
I sail gyf 30W a schort ensample in few termes. And BabUon.
namely of the first realme of Babilone, the quhilk was
begunnyn be fors be ane callit Namrot, the quhilk, throu

10 verray fors was the first lord of that realme ; for he held
sa mony folk in his company that nane durst gaynsay
him, na his bidding gaynstand. And tharfore, 5ais a
decrete as langand that mater, in this maner, Non est
caput Namrot Robustus venator coram domino, id est

15 oppressor hominum quem eciam ad turrim edificandam
elegit. That is to say that Namrot was ane oppressour
of peple and gert thame mak the grete tour of Babilone
be fors. And sa, be force, and nocht be the chos of the
peplis, electioun was first conquest, and maid the toune

20 and tour of Babilone. Alssua the secound of the grete Cartage,
realmes that was, was callit Cartage, the quhilk alssua was
conquest and biggit be force and maistry of ane callit
Calla, and be grete tyranye, as the bible beris witnes.
And the thrid grete realme was Macedoyne, the quhilk Macedon.

25 was alssua foundit be Alexander the grete, be force and

maistry of tyranny, as sais the bible. The ferde grete Rome,
realme was Rome, the quhilk was foundit be Remy and
Romelus, quhilk be force of armes and tyranny was con-
quest and foundit, and all othir lordschippis that thai

30 wan, and nocht laufully. And nevertheles mony lordis
othir tymes, that has conquest landis be force of armys,
has kepit gude law and justice efterwart in thair con-
questis, and that is commendable. And gif je will wit Nota.
quhat difference thare is betuix a noble prince and a

35 tyrane king, I sail schawe 30W in the glos of Johne
Androw, doctour in decrete. And specialy that a prince

70 THE BUKE OF THE LAW OF ARMYS

that is a verray noble prince is ay enclynit to the com-
moun prouffit, and takis ever payne and travaill for
the commouns, and mare for the proffit of the com-
mouns of his contree na for his proflSt singular. Bot
ay the grete tyrane lukis till his awin prouffit of his 5
awin purs, and has na cure of thing in the warld bot
to fulfill his coffris, and of god na man he settis nocht,
sa that his lust be fulfillit of warldis gudis. And sik
jugis ar bot bastardis, in regarde of gude faithfull lordis
that ar enclynit to cheritee and commoun proffit, to 10
goddis law and mannis; for of sik men the jurisdic-
cioun is feynyt, and tane of fors, and nocht commyttit

Nota. of the hiest juge. Rycht as ane antepape is nocht

verray pape, na has na veray jurisdictioun of sanct
Peteris powar. Bot has ane jurisdictioun usurpit on 15
fors wrangwisly, the quhilkis condampnis thair saulis
and destroyis the commoun prouffit. As thare is mony

Foi. 21. now dayly in the haly kirk, of antipapis, quhilkis per-
vertis the faith be grete scismes and divisioun, the
quhilkis dois that, mare for to have honour in the warld, 20
and digniteis in haly kirk, na thai do for the encrescing
of the faith, or to manetene goddis service, or to de-
fend haly kirk fra oppressioun, or to fede pore pece-
able personis, or othir dedis of cheritee to fulfill. The
quhilkis prechis preching contrarye to the gude faith, 25
mare for the dout thai have to tyne thair digniteis, that
thai have gottyn wrangwisly throu usur scisme or symony,
na thai do for to quyte thair dett to thair lord of the
grete charge thai have tane of haly kirk. Off quhilk, bot
god of his hye grace set remede, I se na way how the 30
haly kirk, the cristyn faith, and the commoun proffit may
be kepit in gude policy and gude governance. And
tharfore, as sais sanct Jerome, the pastouris has brokyn
and rent the vestementis of haly kirk, that is the cristin
faith, and has corrumpit the peple be force of fals 35
doctryne. Bot gif that ony bischoppis or archebischopis.

THE BUKE OF THE LAW OF ARMYS 7 1

or othir gudely haly men, in quhilkis the faith remaynis
help to bring agayne the kirk in unitee be sum gracious
way, of the quhilk scisme and divisioun, quhen I think,
I have sa grete dule, that quhen I se quhat state the
5 cristyn faith standis in, and in quhat divisioun the haly
kirk is this day, that I wate nocht quhat I sail say, bot
erar me think it better ware I held me still. And thar-
for I will leve this mater, and pas to my first purpos of
my first undertaking, sen I can here set nane othir
10 remede, etc.

Here endis the secound party of this buke.
Explicit secunda pars bellorum.

72

[THE THIRD PART.]

J^ ERE folowis the chapteris of the thrid
party of this present buke, as folowis here
be declaracioun.

In the first, quhethir it be lefuU and laufuU

thing till entre in clousit felde to defend 5

richtwis caus [cap. ij

Item, of the samyn mater 3it spekis he mare

furtherly [cap. ii]

Quhethir it be thing possible that this vvarld

be in pes ...... [cap. iii] 10

How that force is ane of the principale

foundementis of bataill . . . [cap. iv]
How it may be kend in a man gif he be

forsy or nocht [cap. v]

Quhethir is mare vertu till a man to assail3e, 1 5

or to byde in felde .... [cap. vi]
Be how mony thingis may men knaw the

prowess of a knycht .... [cap. vii]
[Gif] a man suld erar ches to dee in felde,

na flee fra the bataill .... [cap. viii] 20
Quhat punycioun suld he have that passis

fra the ost but leve .... [cap. ix]
Quhat punycioun suld he have that fechtis

with his lordis inymy but leve, or of the

constable [the same] 25

THE BUKE OF THE LAW OF ARMYS 73

J-^ERE speris the autour quhethir is it lefuU and laufuU [Chapter i.j
till entre in clos barras for to defend or assaile rychtwis Nota tak

' tent to this

querele in armes. cheptor.

To the quhilk questioun he ansueris that nay, and the
5 resoun is quhy — for it is oft tymes sene that he that has
gude rycht t)niis the felde, and the wrang querele wynnis.
And tharefore it is nocht spedefull that bataill be in sik
kynde, of the quhilk mater spekis a law of the decreis
that in a citee of Spoulet befell sik a cas that twa brethir

I o was bathe accusit of thift, for the quhilk the usage was
that thai suld enter in barras tharfore for fault of othir
witnes pruf, and was disconfyte and put to dede. And
within schort tyme efter, the verray thef that did the dede
was tane with the samyn gude, and grantit the thift, and

15 be that caus the lawe forbedis bataill in barras. The
secound resoun is, for quhen a man takis his pruf or
defens in sik maner, it is like as he tempit god, to pre-
sume that god will schaw to him thare, quhilk is clene,
quhilk foule, quhilk is agayne goddis lawis of theology,

20 and haly scripture. The thrid resoun is, for quhy that
it war bot vayne thing to jugis to do justice, gif men suld
be prufis thame selff ; for quhat resoun is thare here in, foI. 22.
till a man to say gif I may nocht prove this laufully, I
sail prove it with my body. Than suld mony licht 3ong

25 rekles men, quhen thai want it gude, tak bataill apon
sakeles men that ware wayke men of age or of nature,
feble or sekely. And thus mycht mekle foly throu this
custume be done. To say — for nane wate this bot he and
I, tharefore I sail prove it with my body — that is bot a

30 wayke resoune. And lo quhat quhy, for suppos I, be-
fore a juge, accus a man in sik maner, and has na pref
thareto, the law sais, In the mouth of twa or three
personis all word suld be trowit. And gif a man failis
his pruf, the defendour is quyte, the law sais thus in

35 Latyne, In ore duorum vel trium stat omne verbum.
And alssua it sais, Actore non probante reus absolvitur.

74 THE BUKE OF THE LAW OF ARMYS

Quharfore, gif I faile of my pruf be twa or thre lele
men to witnes, the juge may assoil3e my party, and
frely delyver thame fra my clame for evermare in that.
And tharfore suld men be wele avisit, or thai put crime
till a man, bot thai war wele sekir of gude pruf, for 5
ellis he is behaldin to mak him a grete amendis for
the accioun of injuris. And gif men wald say that it
is grete wrang that mysdedis that ar secretly done,
than suld nocht be punyst, for god reservis till his
jugement all secrete misdedis. And as to that, sais 10
a doctour in the lawis, that it is the will of god that
sum secrete misdedis remayne to the last jugement.
For and all thingis that ar done in this warld war
jugit here, the jugement of god in the tothir warld on
domysday suld have nocht ado, the quhilk is nocht to 15
trow; for it is ane of the principale poyntis of oure
faith, Judicare vivos et mortuos. Or quhat resoun is
thare in this, that suppos this man or that has tynt
the bataill, tharfore he had the wrang, and the
wynnar the rycht; quhat resoun? certaynly nane. 20
And this is said agaynis the opynioun of the Lom-
bardis, quhilkis said aganis the quene of Napplis that
scho had grete wrang to sustene the pape Clement ;
for had the pape Clement had rycht his folk had
nocht bene in bataill disconfyte. In bataill, that is 25
to say, the king hir husband, nocht gaynstandand that
sum clerkis of Lombardis said, sen thai put thame
in felde to ficht in that querele, it was like that god
schewe thai had na rycht to the pape dome. And god
wate that is a symple resoun, for oft tymes the cristyn 3°
men gevis bataill to the Sarrajenis, bot for that, the
querele of the faith fail3eis nocht, suppos thai tyne the
bataill na xx*-^ na xxx^-i na ane hunder, na a thousand,
bot the maa martyris ar to god in hevin glorifyit, etc.

L

THE BUKE OF THE LAW OF ARMYS 75

p^ERE spekis the autour mare furthirly to this mater [Chapter ii.i
foresaid of bataill clos. And for to better determyne
this questioun of bataill foresaid, I say thus, that trewly
it is agaynis all lawis of god and haly kirk, to prove a
5 mannis caus criminale be gage of armes in clos bataill,
of a mannis free will, bathe for the caus foresaid, and
raony otheris that may be allegit. Bot, as be rycht of
custume of kingis and Emperouris, or temporale lordis
it is done, and tholit to be done at the will of princis,

I o suppos it be discordand to gude faith and to law of haly
kirk. Of the quhilk mater thare was a grete questioun
before pape Urbane the fyft and the king of Fraunce,
at Ville neuffre besyde Avyignyoun. The quhilk king
manetenyt a bataill clous tane before him be twa clerkis,

1 5 the tane Fraunch and the tothir Inglis. And gert the said
pape forbede, under payne of cursing, that nane suld be
sa hardy tobe present at that bataill. And nocht forthy
the king of Fraunce, for all that forbeding, wald leve
na forbere to ger fulfill the said bataill, bot wald hald

2o up the custumes of kingis and Emperouris and princis
agaynis the commandement of the kirk, of quhilk he did
evill.

J^ERE spekis the autour, of the tothir questioun, [Chapter
quhethir it be possible thing that this warld be in pes

25 but weris and bataill. And first I say nay, and the caus
is, for be all clerkis of naturale philosophy, that it is im-
possible that the hevin be still bot moving, as we se
that dayly it mo vis fra the orient to the Occident, and
fra the Occident to the orient agayne, and sa furth. Bot

30 the thingis that ar corporale in this erde steris nocht, na
movis nocht with the moving of it, that men may per-
save, bot 3it have thai othir naturale movementis as
clerkis kennis. And nevertheles, all thir erdly thingis
that nature here has maid ar governyt and sterit be

35 the hevin and the corps celestialis. For men seis evi-

^6 THE BUKE OF THE LAW OF ARMYS

dently that the influence of the hevin gerris all thingis
in erde tak grouth and encrescement, and gevis thame
thair condiciounis and thair proprieteis of nature, as
wele understandand men may se be the mone : quhen
it is full, all thingis that ar in erde, that ar govemyt be 5
wak or moystnes, ar mare forssy and vigorous na quhen
it is wane, as is the fillyng and flowing of the see, the
flesch of man and beste, and thair blude, the grouth
of treis and herbis, and specialy the mannis hamis is
full in the full mone and at the full see, and wanis as 10
the see, and mony othir mervaillous thingis, quha coud
tak tent, as sais the wys philosophour Arestotil, Necesse
est hunc vero mundum inferiorem laconibus superioribus
esse contiguum ut inde tota virtus ejus gubernetur ; that
is to say, that it is necessair thing that this law warld 15
that we ar in be touchand next to the speris of the
hevin, sa that throu thame, all the vertue of this nethir
warld be govemyt And thus is it veray suthe than that
all the vertew that the erdly thingis takis, thai tak fra
the hevin, and fra the said disposicioun of the stemis 20
and the planetis. And we se clerely that the naturis of
the stemis and planetis ar contrary ; for we se that ane
is calde, ane othir is hate, ane is wete, ane othir is dry ;
ane is engenerand lufe, ane othir haterent, ane were, and
ane othir pes, ane luxurius, ane othir chaste, the tane is 25
sangwyne, the tothir is malancolius. Than is it force and
necessitee that the corp3 that ar maid and engendrit,
be thir naturis be participant of the nature of thair
governouris and makaris, and of the partis that thai ar
maid of. For the hevynnis, be thair instmmentis sub- 30
ordinatis, sendis thair constellacionis and influencis in
the materis that thir erdly thingis ar compound of, and
makis the saymn kynde of qualitee that is in thame into
the next be thame engendrit be vertu of the four first
qualiteis, that is, hate and calde, moyst and dry, the 35
quhilkis four qualiteis makis all the defference and

THE BUKE OF THE LAW OF ARMYS JJ

diversitee of all erdly coraplexioun of creaturis. And
thus may 3e tak manifest knawlage of the hevynly
govemaunce anent all erdly creaturis; for men seis oft
tymes that syndry citeis had had grete lufe togeder,
5 nocht for na gude dede na gude caus that ever ane

of thame did till othir, hot anerly of lufe naturale ; and FoI. 23.
rycht sa sail men fynd twa othir citeis the quhilkis sen
thair first fundacioun has ever hatit the tane the tothir,
but ony caus that ever was maid betuix thame. Alssua

10 of twa personis, as men may daily se, that never ane
saw ane othir before, na never did a gude dede ane
till ane othir, and 3it will thai lufe as brethir togeder.
And rycht sa, othir twa that had never sene the tane the
tothir na done displesaunce ane till ane othir, 3it sail

15 never favour be betuene thair hertis at the first sicht.
And sum lufis, and sawe never bot herd speke of ane
othir. And in the samyn wis cummys haterent. Allsua
lat a man se twa knychtis cum in bataill place enarmyt,
to fecht in liss and na man kennis thame, 3it sail a

20 mannis hert be mare enclynit to mare honour to the
tane na to the tothir. And thairquhyne cumis this? I
pray the redare tell me, bot anerly for the caus before
namyt; for traist wele, nature drawis lufe be the lyke
caus and complexioun, for like lufis lyke, and lyke

25 drawis to like, and lyke joyis with the lyke. Quia similis
similem sibi querit, et omne simile applaudit de suo
simili. Alssua I pray the, tell me quhyne come the
bataill betuix Jacob and Esau in thair moderis wame ?
that is grete mervaille how the bamis that 3it was

30 unbome suld mak a bataill, for trewly I walde wele
understand the resoun quhy; for as sais the philo-
sophour, the caus cummys of the hevinly influence
and constellacionis, as said is before. Bot as to
goddis jugement, na man can ansuere that is in this

35 mortall warlde, bot gif it be be ymaginacioun or
figuris. Bot as to the philosophour, his opynioun is

78 THE BUKE OF THE LAW OF ARMYS

maist lyke be resoun tobe suthe, that sik thing
cummys of the planetis, and of disposicioun of the
hevynnis, and of thair constellaciouns and influencis as
said is. For we fynd naturaly, that all thing that takis
nature in the warld has, be his nature, to resist to his 5
contraire, his condicioun naturale, as we se that the
fyre has a condicioun naturale, that it resistis to the fyre
that is his contraire. And alssua we se that the wylde
bestis takis naturale fede and haterent ilkane to othir;
as suppos a hund saw never a wolf before, incontynent 10
that he se him, he is inymy mortall till him. And rycht
sa in mony othir k)nide, of bathe beste, foule and fisch,
that incontynent that the tane se the tothir, he settis to
sla him furthwith — the quhilk condicioun cummys to
thame of naturall inclinacioun gevin to thame, as before 1 5
said is of contrarius naturis repugnant in thame naturaly.
And tharfore now spere I at the redare, sen naturaly thir
unresonable bestis has sik contrarietee amang thame, gif
that the man that has wit and resoun, knaulage and
discrecioun, and is the maist noble creature that ever 20
god maid in erde, gif man suld have this rebellioun
and contrarietee, ane agaynis ane othir, quhen thai ar
of divers complexiouns ? For gif thare war twa lordis in
a grete citee, and the tane lufit justice and the tothir
pillerye and ref, usure and symony; and thai war of 25
divers complexiouns, the tane lufis the marchandis and
labouraris, and the tothir rybauldis and hasardouris ; the
tane delytis him in all pes, the tothir all in were ; the
tane lufis the king of Fraunce, and the tothir the king
of Ingland. And gif thai be in a house togeder, the 30
tane delytis to rys tymely, the tothir to slepe lang ; the
tane to ete airly, the tothir to fast lang; the tane is a
grete tratlar, the tothir a still herkenare ; the tane lufis
quhite wyne, the tothir rede ; the tane lufis soddyn, the
tothir rost. Be the quhilk contrarieteis of nature it is 35
mervaill that amang mankynde here suld be concorde,

THE BUKE OF THE LAW OF ARMYS 79

for thare is a decretale in the lawis canoun, the quhilk
sais, that Als mony men, als mony divers willis is in
this warld, And tharfore is it said that in Rome mycht
never be wele twa kingis ; for grete mervaill war that
5 ony fremmyt men mycht thole twa kingis, ilkane apon
othir, quhen the twa propre brethir that lay bathe in a
warn be, bathe Remy and Romelus, mycht nocht accord
togeder, bot the tane slew the tothir. Bot this nocht
gaynstandand, I say nocht na God, quhen he will, may

10 mak pes and concorde amang all men in erde, and
ger ilkane lufe othir. Quia ipse inhabitare facit unanimes
in domo for quhen he will, he may mak all men wis and
paysible. And the clerk sais, Quod sapiens dominabitur
astris — The wys man is lord of the stemis. For it is

15 understandin that throu the naturale inclinacioun and
camale condicioun man takis contrarius querelis be thair
complexioun. Bot be the vertu of hevinly influence of
wisdome, he takis temperaunce and gude inclynacioun.
Be the first he makis weris and discordis, and be the

20 secound he makis pes and concorde, and govemis in
justice and resoun. And be that he may be lorde of
the planetis and of contrarius condicioun. Bot thare Nota.
is a decree that sais thare is bot few wis men in this
warld, bot thare is mony fulis. And als Salamon sais. Of aid per-

. . -11/. session to be

25 Stultorum mnnitus est numerus. And tharfore as we kepytbe

tbair pes*

have spokyn of before in the tothir party of this buke, ^eryte.
mony of the weris that was in the begynnyng of the
creacioun of the foure grete realmes was movit of curage
of nature, and of complexioun of the constellaciouns of

30 the hevinly influencis, be men that war symple and
nocht witty of perpetuale thingis, na had na knaulage
of the hevin, bot did efter the provocacioun of nature,
and be the fleschly appetite quhilk was bot bestly. Thai
movit bataill and weris, pressand quha mycht be lord,

35 nocht rekkand, na comptand on quhat title of rycht, bot
on force, and sa mony sensyne has mayntenyt sik rycht

8o THE BUKE OF THE LAW OF ARMYS

of conquest ay furth. And forthy I will nocht say bot
quhilum thare is rychtwis wens amang wis men, to mane-
tene the querelis of thair fore elderis and ancestris. And
that may be be gude resoun, for quhy thai wens that
was maid, and thai bataillis in the first tyme has haldin 5
kingis and princis, and lordis in thair lordschippis and
realmes, quhill now thai that wate nocht quhethir thair
first querele was rychtwis or nocht, for thai may have
na knaulage now tharof. And tharfore suppos that thai
first lordis conquest, and held the landis apon lytill evin to
and small title of rycht in thai tymes. Thay that cummys
now efter thame has gude caus and resoun to defend,
and kepe thair possessioun that is of sa lang tyme
bygane prescrivit and passit prescripcioun. And thar-
fore sik men may levefully and lawfully niak were, gif 15
thay be invadit, and thair ancien possessiouns wrang-
wisly occupyit; for sik lordis and peple wate nocht
ellis, bot of gude rycht. And alssua that thai and thaire
forebearis has of sa lang tyme before, governyt, defendit
and labourit thai landis, and put to prouflfit in lufe, law 20
and leautee, that mekle resoun war that quod occupanti
concedatur.

[Chapter UERE he declaris how force is ane of the principale
foundementis of bataill, quhareapon men suld wit that
syndry folk thare is, that has the body rycht lytill, 25
and 3it thai have the hert and the curage grete, and
that is a grace of God. And othir is that has mekle

Foi. 24. body, and small spirit and wayke. And othir ar that
has bathe the tane and the tothir. And ^it may sik
men have let naturale that thai ar nocht worthy in 30
bataill place, as was Sampsoun the fortin, the quhilk
was bathe hardy and stark of body, bot be caus thai
put out his eyne. And tharfore, as to my purpos I
cum, that certaynly nocht force na strenth corporale
makis a man to wyn the bataill. Bot force spirituale, 35

L

THE BUKE OF THE LAW OF ARMYS 8 1

that is to say, hardy curage, makis victory ; for the
haly writt sais, that he that is nocht in the grace of
God sail nocht be hardy in bataill na happy ; for gude
curage makis gude ordinaunce in bataill, and takis.
5 gude counsele, and chesis men that can wele fecht,
and ordanis gude habilliamentis for weris, and takis
placis avantageous ; and dois all with avys of wys men
of were; and standis stoutly on thair purpos in thair
rychtwis querele. And that may be callit force, the

lo quhilkis passis force bodily; for thare is mony ane sik,
that a man sik may be, will do mare with gude coun-
sale and gude devis, gude ordynance and gude under-
taking in a felde, than ane hundreth sik othir may,
cum thare to fechting. And thus force of the spirit

15 is the principale foundement of bataill, bot quhare
bathe is fundyn togeder better war. And tharfore
force but hardy spirit is litill worthe. And gif men
wald say, that als lytill is force of spirit, but force of
body worth in bataill I ansuere that, ^is. It is gude

20 for the undertaking and the conduyte is mekle; and
als a gude spirit, with sobimes and pacience may our-
cum and vencus a grete querele but ony strake of
hand. As God, that throu the dede that he tholit, he
vencust the fende, and wan all saulis fra hell that war

25 his chose frendis and servandis. And he commendis
mare force of spirit in gudelynes, na force corporale;
and oft tymes gevis victorye till his frendis thouch thai
be feble of corps, na till his evill willaris, suppos thai
be starkare, that lufis nocht the honour of god, as was

30 be example of David and Golyas, the quhilk he vencust
vilayusly, and slewe him cruelly, with mony othir ex-
amplis that lang war to compt and fer fra the purpos.
Bot 3it, is gude to knawe quhat is vertu cardynale. And
as to that, it is to wit that vertu morale is nocht ellis bot

35 vertu cardinale, bot vertuously to lyve in this lyfing here,
and sett his hert apon vertu halely, and all his study

F

82 THE BUKE OF THE LAW OF ARMYS

to set tharapon to pies his God or ellis he is nocht
vertuous, na suld nocht be repute for vertuous, hot he
contynew in vertues quhill he is here l3rfand. The
quhilkis four vertues ar callit justice, temperance,
force and prudence, with the branchis of thame Bot 5
quhat availlis all thir uthir thre vertues, bot gif force
be with thame bot full small? for throu force a man
is stark to here all tribulaciouns and mak enterpris.
And tharfore, and man persevere in sik vertu till his
end, he is lufit with God, and sail have everlestand lo
joy. And be this caus, the Cardinalis in the court
of Rome tuke the name of cardinalis, be thir vertues
cardinalis; for, throu thai vertues cardinalis, all this
warld is reulit and govemyt. And rycht sa, be the
cardinalis of the haly court of Rome, all gude cristin 15
folk suld be techit, instruct and illumynyt in vertues.

[Chapter V.] J^ERE inqueris the autour how may be kend that the
vertu of force be in a man. He said that men sail knawe
that the vertu of fortitude is in a man, be his enterpris
and his undertakingis. And first that he has all his 20
plesaunce in armys and in weris — justis, tumayis, and
to defend rychtwis causis and querelis, and haly kirk,
and all resonable acciouns. And alssua, that gif it
hapnys that he se that he has undertane dede of armes,
and he consideris the caus, and the querele that may 25
cum in tyme tocum, for the occasioun of thai weris,
and the mekle evill and sorowe that he seis cum of sik
weris, and quhat scathe and damage that may cum till
him tharof, and to manetene sik a querele as dede
or disherisoun. Bot nocht forthy thai will nocht leve 30
thair purpos, bot puttis bathe lyf, gudis and othir thingis
in aventure of tynsale, na doutis nouthir tynsale of gudis,
na of lyf, na landis, na heritage to fulfill his honour,
thinkand that his querele was just and resonable.

V

THE BUKE OF THE LAW OF ARMYS 83

j-J ERE he speris quhethir it be mare vertu to assaille [Chapter
his inymy in bataill, or to defend and byde him in
felde. Of the quhilk were, it is be sum men presumyt
that it is mare vertu till assail3e ; as we have be example
5 in the aide lawe, quhare the peple gafe counsale ever to
assail3e thair inymyes, and nocht to byde quhill thai
assailit thame, that was Goddis inymyes, efter as sais
a decrete, for thame thoucht than, that better war, as
said is, till pursu and assaille na to byde quhill the

10 inymys of God assailit thame; for men sais in the buke
of moralitee, that it is mare vertuous thing to geve na to
tak, and ferr mare noble condicioun. And tharfore is
it better to assaile na to defend. And alssua it is better
to do sum gude na to do na gude. And sen he that

15 assail3eis his inymyes dois sum thing, and he that bydis
dois nathing, ^it than it is better to do oucht na nocht
And 3it ane othir resoun, men suld understand that
it is better to do that that has mare deficultee and
maistry tobe done in gudelynes, bot it is mare clere,

20 and mare vertuous thing to assaile na to abyde, and
mare grete deficultee, and mare is touchand to the vertu
of hardynes, and sa is it mare vertuous. And atour this,
the thing that is of mare pris, and of mare honoure and
les, is mare vertuous. Bot ilke man wate that a knycht

25 is mare lovit and prisit to assaille wele, na to byde wele.
And sa be resoun it suld be repute mare vertu, etc. Bot
natheles agaynis this opynioun is oure autour Arestotil,
the prince of philosophy, sayand that he that bydis his
inymy in felde beris the mare honour of hardynes, na

30 he that assailis. And as of this questioun, to se and
inquere the ground of lautee, I sail say 30W myn advys
efter the opynioun of the foresaide wys doctour Arestotil,
the quhilk sais that it is mare vertuous thing, and mare
commendable till all noble man of armys to byde wele

3^ in felde, na till assail3e, and mare honourable vertu and
lovable efter the vertu of fors, that is callit in Latyn

84 THE BUKE OF THE LAW OF ARMYS

fortitudo. For suppose a knycht wald be sa hardy and
sa presumptuous that he wald assail^e ane hundreth
knychtis him allane, that wald nocht be repute till him
to the vertew of nobless, bot erar to fuliche hardyness
and presumptuousnes. And tharfore as belangand this 5
poynt, thare is here thre thingis till understand, the tane
is, till assail3e, the tothir to flee in tyme, the thrid till
abyde. And tharfore sum men haldis that quhilum syk
cas may fall that it is vertu till eschape, thinkand to
Foi. 25. better cum to purpos efterwarde, and that we leve as 10
this tyme. Bot as to the tothir twa opyniouns, I say as
for me, efter the opynioun of oure doctour Arestotil, that
to byde in felde fermly of sett purpos is mare lovable
and mare vertuous thing, and mare to commend, na to
assail3e, and is mare grete deficultee, for it cummys of 15
a calde sett mynde confermyt in hardyness with de-
liberacioun, seand the perilis of dede before his eyne,
and 3it settis honour and gude querele before dede, and
he that assailis is full of ire inflammyt, and has na knau-
lage of the perilis, bot dois in a breth of wodenes and 20
ire that he is fest in, and nocht be deliberacioun of
purposit vertu.

[Chapter TJERE speris the autour be how mony thingis sail a
Nota. n^2in persave gif a knycht be wele hardy or nocht, in

armes. To the quhilk he ansueris, be mony caus. And 25
in the first, a knycht is hardy to wyn the vayne glore of
this warld and the honoure. For quhy, he seis that all
men dois honoure and worschip till a hardy man, and
dishonour till a coward. And ane othir knycht salbe
hardy for he is lathe to tyne the prouffit and the honour 30
of his lorde and maister, or jit tobe tane prisonare and
he war cowart and bade behynd him. Ane othir caus
cummys of usage, that a knycht is usit in harnes of lang
tyme, the quhilk usage makis him hardy and expert, be
oft banting of the were that he is wont till. And alssua 35

V

THE BUKE OK THE LAW OF ARMYS 85

for drede he has that folk speke a lak of him in his
lattare dayes, that never had nane before tyme. Ane
othir way thare is knychtis hardy, traistand in thair
gude harnes, sa that the traist that he has in his gude
5 armouris makis him hardy, thinkand that nane may dere
him, quhat perile that ever he be in, for thai ar of prove.
Ane othir is hardy for his gude hors, in quham he traistis
sa mekle. Ane othir is hardy for he has a gude hardy
chiftane, and wele fortunyt. And ane othir is rycht hardy

10 for verray breth of curage, bymand full of ire of crab-
bitnes of his nature. And ^it is thare ane othir is hardy
for the traist that he has in God, and that he has a clene
lyf and gude, and dredis nathing bot God. And jit
othir is thare that is hardy for ignoraunce, that misknawis

1 5 the perilis and the misaventuris that oft tyme cummys
in weris ; for thai ar nocht expert tharof, and has nocht
sene before, and tharfore doutis it nocht. For he wate
nocht quhat is the vertu of force, na of hardynes, bot
dois as he seis othir do. Otheris is thare that ar hardy

20 for covatis of warldis gude to wyn richess, and for nane
othir caus. Ane othir is hardy for his gude caus and
querele that he has of his gude rycht. And se that of
all thir, thare is nane sa gude as he that is hardy for
defens of gude rycht, and for vertu, and for gude knau-

25 lage, the quhilk has his hert set fermly in the vertu of
hardynes for lautee, and justice tobe defendit, and has
his hert ferme sett to sustene all adversitee that may
cum throu his verray curage of hardynes, traistand in
God, and in his gude rycht to bring him throuch.

30 pjERE speris the autour, gif a man suld ches erar to [Chapter
dee in the place, na to flee fra the bataill, etc. And first _ .

^ ' Quhat per-

I will preve 30W that he suld erar ches to flee fra the teni»jo*ne
bataille, to sauf him self erar na to dee. And my resoun ^^ ^^ *»*'^*-
is quhy, for be resoun naturall of philosophouris the
35 thing suld be erest chosin, the quhilk is mare delytable ;

86 THE BUKE OF THE LAW OF ARMYS

bot to lyve is mair delytable na to dee, quharfore, sen it
is mare delytable and plesand, it suld erar be chosyn.
The secund resoun is that the dede is the maist terrible
thing that is, and maist bitter, and maist tobe doutit.
Bot it war agayn all gude faith, and gude naturale resoun S
to ches the thing that maist is doutit and dred, maist
terrible and maist felloune. And be that cans, a man suld
nocht desyre to ches it than ; for chos of desyre cummys
of plesaunce and of delectacioun. Bot oure autour,
Arestotle, the noble philosophour, haldis the contrair of lo
this, sayand, that for na warldly thing a man suld nocht
des)n:e thing that war dishonourable, na that he mycht
have repruf, na lak in his gude fame. And it is wele
clere till understand that to flee of the bataill is bathe
dishoneste and schamefuU thing. And alssua oure de- 15
creis sais it war better till a man to ches to thole all the
evill of the warld, na to consent till evill. Bot to leve
the bataill in a just querele may be the tynsale of all the
felde, the cans and the querele, and be throu a knycht
tynt ; the quhilk war to consent to mekle evill, and agayne 20
God and justice. Alssua a man suld betuix twa gudis
ches the best, and betuix twa evillis the leste evill. Bot
to tak the dede with honoure, he wynnis everlestand joy
in paradis, and to flee, he tynis his honour and lufe of
all men, the quhilk is evill, and mony evillis may cum 25
tharof. Quharfor better war tak dede with honour, na
dee with schame. As to the ansuering of this questioun,
I ansuere, that and a cristyn man war in a bataill with
othir cristyn men aga)m the uncristyn, and seand that
throu him the bataill mycht be tynt and he fled, he suld 30
erar ches to dee na to flee, bot se he that all be tynt
quhethir he byde or flee, than may he sauf him self and
suld be excusit ; for he mycht efterwart recover company,
and do grettar gude agaynis the inymyes na the tynsale
of him mycht do than. Bot and he se that, suppos he 35
schape him to flee, that he may nocht gett away na

L

THE BUKE OF THE LAW OF ARMYS Sj

eschape, certayn he suld sett him tharfore. Bot fer better
and mare lovable is tobe dede fechtand na fleand. And
ane othir way, gif a knycht be amang cristin men in
bataill with his maister, or for his awin landis and lord-
5 schippis, I say certaynly that he suld erar ches to tak
the aventure of dede, and byde the end, na to flee ; for
outhir, mon he be manesuome or t)aie his awin heretage
throu his cowardis. And in the samyn cas, say I of a
knycht that is wageour till a king or a lorde, puis quil

lo lui a donne sa foy et son serement. Sen it is sa that he
has maid him athe, and gevin him his faith, than suld he
stand with him to the utterest, and tak lyf and dede, and
presoune and othir fortune, as it may cum till hand to
sauf his honour and his lawtee, and for defens of justice

15 and rychtwis querele.

J^ ERE speris the autour how suld a knycht be punyst [Chapter
that passis fra the ost but leve of the king or the Con-

Nota.

stable, to fecht with his inymyes, quhethir he wyn or he
wyn nocht. To this questioun I ansuere that gif ane

20 hardy knycht throu hye curage, seis his inymyes and
his avantage, and fechtis with thame and disconfitis
thame, I say he aw be the law of armes to tyne his hede
tharfore ; and the resoun is quhy, for be the lawis, quha
ever dois agayne the commandement of the duk of the

25 bataill deservis dede, suppos he have done the prouffit
off the chiftayne, for quhy a knycht has his athe of obey-
saunce till his souerane lord, the quhilk he has falsit in Foi. a6.
that cas. Alssua ane othir 3it resoun is, for thare suld
nane evill dede be excusit be the prouffit that hapnis

30 tocura tharof be aventure. Quharfore suppos that for-
tune was frende, that him be fair fallin, 3it has he crabbit
his king and his counsale, and brokin his hie hecht
thouch him be wele hapnyt. For the parting of him and
his company out of the ost, put all the lave in poynt of

35 perdicioun, throu his surquidry. And tharfore to geve

88 THE BUKE OF THE LAW OF ARMYS

otheris ensample in tyme tocum, he suld be punyst.
Bot ^it, as to the excusacioun of this worthy knycht, we
mon say sum thing, as thus — a grete thing wele cummyn
to purpos, suppos it was agayne the commandement of
the prince, 3it for the grete utilitee of the dede as for 5
anys, it may be excusit Ane othir resoun is, for men
suld behald in all thingis the will of the persone that
dois the dede, for the law sais, Voluntas et propositum
distingunt maleficium, that is to say, the will and the
purpos makis distinccioun and difference betuix gude 10
and evill. Than sen it is sa, that in gude entent, gude
will and gude purpos, he undertuke the said juperdye, he
suld be excusit and nocht tyne his hede. Item, oure
autouris philosophouris sais that in all thingis men lukis
to the end. And quhen the end is gude of a thing, all 15
is callit gude. Bot sa it is, that the end of the said
knychtis dede was gude, ergo, etc And tharfore now,
considerand all thir stark argumentis on bathe the sydis,
to say lelely, but fenjeing or favour, be the lawis of princis
and of armes, be the rygour he has t3mt his hede. Bot 20
the prince considerand the resouns before said, at the
request of otheris knychtis and lordis, may do him sum
favour that he be nocht all punyst be the rigour. Alssua
it suld be considerit quhat renoun he is of, and quhat
entent he did it apon, quhethir for curage, or for pride to 25
wyn a los, or for covatis, or till eschewe perile apperand,
or sik thing. And efter that, do him grace or punycioun
efter his mentis, for merci quhilum is mare just na is
rigoure, etc.

Explicit tercia pars huius libri bellorum. 30

Here endis the thrid party of the buke of bataiUis.
And here efter begynnis the ferde party etc

89

[THE FOURTH PART.]

Here begynnis the table of the ferde part of this
buke.

In Primis.

Off quhat rycht or quhat evin cummys
5 bataill .... Primum capitulum

Be quhat rycht or resoun may men move
were agaynis the Sarra^enis or othir

mistrowaris ij ca™

Gif the Emperoure suld move were agayne
lo thame, quha suld obey till his mande-

ment iij ca°*

Quhethir othir princis na the Emperoure

may move were apon the Sarra3enis . iiij ca™

Quhethir the Emperoure may ordane were
15 agayne the pape, or agayn the haly

Quhethir the pape may mak were on him .

Quhat thingis may ger move bataill necesse

Quhat thingis pertenis till a gude knycht
20 to do ......

Quhat thingis pertenis to the duk of the
bataill

How, and for quhat caus a knycht suld be

punyst

25 Quhethir strenth be a vertu morale .

Quhethir gif the duke of the bataill be

V ca™

vj

ca"

VIJ

ca™

• • •

vuj

ca™

ix ca™

X ca">

xj

ca°*

90 THE BUKE OF THE LAW OF ARMYS

tane men, suld have merci of him and

save his lyf xij ca™

Gif fors be a vertu cardinale or nocht . xiij ca"*

Quhethir presonaris that are tane in bataill,

be the takaris or the lordis that payis 5

the wagis xiiij ca°*

Quhethir the vassallis suld pas in were on

thair awin cost, or on the princis costis xv ca°*

Gif a barouns men suld [help] thair lord

agayne thair king, [and] serve in his 10

weris or nocht xvj ca™

Gif twa barouns has were, ilkane agayn

othir, quhethir suld thair men help

ilkane his awin lorde, or thair king

and he charge thame
Quhethir I aw to defend my nychtbour in

armys, and men wald sett to sla him .
Quhat personis ar behaldin to defend othir
How the bonde is behaldin to defend his

lorde ......

How the sone is behaldin to defend the

fader, but the leve of the justice . xxj ca™

Quhethir erar is the sone behaldin defend

his fader, or his natural lord maister xxij ca™
Quhethir a clerk suld erar help his fader, 25

or his bischop, and he have were . xxiij ca™
Quhethir to conquest gudis rychtwisly, men

may lefully mak defensable were . xxiiij ca™
Quhethir for unrychtwis conquest, men may

mak were diflfensable . . . xxv ca°* 30

Quhethir prestis and clerkis may defend

thair gudis be armes . . . xxyj ca™

Gif armour lent and tynt in felde suld be

restorit xxvij ca°*

Gif armour or hors hyrit and tynt suld be 35

restorit xxviij ca™

XVlj

ca*"

»5

xviij

ca°>

xix ca™

XX ca™

20

THE BUKE OF THE LAW OF ARMYS

91

xxix ca™

XXX ca™

xxxj ca'

m

xxxij ca"*

xxxiij ca°*

Gif a knycht be reft doand his princis
charge, quhethir has the knycht or the
prince accioun to the party
Gyf a man gais to the weris unchargit, sail

5 he tak wagis

Gif a knycht servis a king unchargit in
his weris, quhethir may he laufully ask
him his wagis .....
Gif the king of Span^e sendis secours to
10 the king of France in his weris, as

he has done othir tymes till him
in sik lyke cas, quhethir suld the
Spannollis ask wagis at the king of

France

15 Gif a man gais to were for vayn glore,
quhethir he may be law of armes ask

wagis or nocht

Gif a capitane doand his lordis bidding

tyne his gudis, gif his lord aw to re-

20 store him agayne ....

Gif a man gais to the were for covatis to
pele and rub gudis, quhethir he may
ask wage or noucht ....

Gif a clerk may levefuUy pas to the weris
25 or nocht ......

[If soldiers whose services are engaged but

are afterwards dispensed with before

employment may claim a year's wages xxxvi* ca"*)

In quhat termes the wage aw tobe payit

30 to men ......

Gif a wageour gais to play and disport

him with leve for a tyme, gif he suld

be payit of that tyme

Gif a knycht has tane wagis of a king

35 for a 3ere, and he wald within thre

monethis pas his way till ane othir

xxxiiij ca°*

m

XXXV ca

xxxvj ca*"

xxxvij ca™

xxxviij ca*"

F0I. 97.

92 THE BUKE OF THE LAW OF ARMYS

prince, quhethir gif he suld be payit

for the tyme that he had servit . xxxix ca™
Gif a sowdioure be payit of a prince for a

3ere, gif he may put ane othir in his

stede, or nocht .... xl ca**^ 5

Quhethir gif a capitane may send of his folk

away that he has anys moustrit in felde xlj ca™

Ciif a man of armes hapnis seke in the weris,

quhethir he may ask his wagis for all

the tyme that he is seke, or nocht . xlij ca°* 10

How gudis suld be departit in the weris

that ar wonnyn in tyme of the weris . xliij ca™

(tif a man may rychtwisly hald that he has

tane fra a revare that set to reve him

be the way xliiij ca°* 15

Gif twa citeis makis were, ilkane on othir,

quhethir thai may lefuUy mak were,

thai clamand to hald of na soverayne xlv ca"*

Quhethir a man may sla his presonare, efter

that he be tane and ^eldit at his awin 20

will xlvj ca'

Gif a man may ask ransoun of gold and

silver at his presonare be law or armes xlvij ca^
Quhethir, for the weris that is betuix the

kingis of Ingland and of France, the 25

Fraunchmen may levefully tak the pure

mennis gudis, and mak achet of, and

mak presonaris thair persouns . . xlviij ca™
Quhethir a king may lefuUy, be cautele

and subtiltee, ourset or disconfyte ane

othir king ......

Quhethir bataill may lefuUy be on haly day
Quhethir gif a man wrangis ane othir, he

may lefully recover apon him be were

his thing, gif he may reclame him in

jugement

iIU

.m

30

xlix

ca"

xlx

ca"

35

li

ca"

m
m

THE BUKE OF THE LAW OF ARMYS 93

Gif a knycht deis in bataill in his princis
querele, quhethir his saule be sauf or
nocht ...... lij ca'

Quhethir rychtwis men or synnaris ar
5 starkare in bataill .... liij ca

Quhy is thare samekle were in this warld ? liiij ca'

Gif a presonare be suome to hald presoun,

and his takare put him atour his ath

in stark presoun or festnyng, gif it

lo be lefull to him to escape and brek

presoun Iv ca°*

Gif a man be presonare till ane othir, and
he put him in a stark clos toure, in
sekir festenyng, quhethir he be haldin
15 to brek presoun and eschape . . Ivj ca™

Gif a man has sauf condyt to cum seurely,
nocht spekand of his way passing,
quhethir he may be haldyn presonare

in his passing Ivij ca™

20 Gyf a man that has sauf conduct may bring
on his sauf conduct gretar man na

him self is Iviij ca™

Gif a man be tane presonare apon ane

otheris sauf condyt, quhethir he that

25 aw the sauf condyt suld outred him of

presoun on his awin cost ... lix ca™

Gif a man suld enter agayn in prisoun and
he war rycht dredand for tobe put

to dede Ix ca™

30 Gif a prince may lefully refus ane othir

prince, to pas his voyage throu his

contre but scathe .... Ixj ca"'

Quhethir kirk men suld pay tailles, tributis

and imposiciouns to seclere kingis or

35 princis Ixij ca™

Gif the kirk may mak were agayne the Jowis Ixiij ca™

94 THE BUKE OF THE LAW OF ARMYS

im

Gif a man may ficht for his wyf in armes . Ixiiij ca'

How the ta brothir mav defend the tothir

in armys Ixv ca™

Gif a baroun be vassall to twa lordis that

makis wens in syndry contreis, to 5

quhilk of thame sail he mak service

till Ixvj ca*"

And gif a baroun be vassall to twa lordis
the quhilkis makis were ilkane apon
othir, quham to sail he mak service Ixvij ca™ 10

Quhethir bondis suld be constreynit to the

weris ...... Ixviij ca™

Quhilk folk may nocht be strenjeit to mak

weris, suppos thai be chargit . . Ixix ca*"

Gif a man be hurt sarely be ane othir, and 15

he hurt him agayne, gif he salbe
punyst Ixx ca™

Gif a man bonde makis slauchter be the

bidding of his lord, suld he be punyst Ixxj ca°*

Quhethir a bonde may defend him agayne 20

his lord, and he war sett to sla
him Ixxij ca™

Gif a monk may defend him fra his abbot,

and he wald sett to sla him . . Ixxiij ca™

Gif the sone may lefuUy defend him agayn 25

his fader, and he wald sla him . . Ixxiiij ca™

Gif a man may lefully defend him agayn

his awin juge, or noucht . . Ixxv ca™

Gyf a man be banyst a realme and happin

to cum in agayne be ony cas, gif men 30

wald set on him to tak him, quhethir

he aucht to defend him . . Ixxvj ca"*

Gif a preste be assailit with his inymyes
Foi. a8. berand goddis sacrit body on him,

quhethir he aw to lay doune Goddis 35

body and defend him, or nocht . Ixxvij ca'

im

THE BUKE OF THE LAW OF ARMYS

95

Gif a man may for mark be prisonare that

maid never caus bot for otheris .
How and in quhat maner mark suld be
tholit or gevin be the prince .
5 How suld mark be gevin aganis a citee
that allegis to na soverayne? .
Gif all lordis may graunt markis
How or be quhat resoun may it be steynd
that the king of France be nocht
lo subject to the empire

Quhethir gif the king of Ingland be sub-
ject ony way to the empire
Gif a burges haldand change and hous at
Paris be tane and robbit be the way
1 5 cummand to Paris wart, quhethir he is

tobe gevin power of mark to for the
gude recovering ....
Quhethir a scolare at the study in Paris, of
Ingland borne, aw tobe presonare
2o Quhethir a servand suld joys the previlege
that his maister has lang joisit .
Gyf ane Inglis man cummys to Paris to
visyte his sone at the scule beand seke,
quhethir he aw tobe presonare or

25 nocht

Gif ane Inglisman cummys to Paris to
visyte his brother seke at the scule,
quhethir he aw tobe presonare or
nocht ......

30 Quhethir a studyand may lefuUy be

haldin in prisoun for ony mark

Quhethir a wode man may be haldin

prisoner and ransound in the weris

Quhethir a wode man, efter that he be

35 cumyn again to his wit, may be

haldyn presonare ....

Ixxviij ca'"

Ixxix ca"'

Ixxx ca"*
Ixxxj ca"*

Ixxxij ca*"

Ixxxiij ca™

Ixxxiiij ca"*

Ixxxv ca™

Ixxxvj ca™

Ixxxvij ca™

Ixxxviij ca"'

Ixxxix ca"'

Ixxxx ca"'

Ixxxxj ca"'

96

THE BUKE OF THE LAW OF ARMYS

Ixxxxij ca^

Ixxxxiij ca™ 5

Ixxxxv ca"*

Ixxxxvj ca™

Ixxxxvij ca™

Quhethir a passand aide ancien man be

law of amies may be haldin prisoner
Quhethir a childe may lefully be tane

and haldin presonare be the lawe

of amies .....
Quhethir a blynd man be law of armes

may be tane and haldin prisonere Ixxxxiiij ca
Quhethir ambassadouris or legatis cum-

mand to the king may lede his

inymyes throu his realme with thame

or nocht

Quhethir a bischop may be tane preso-
nare be a fraunchman, the Bischop

of Ingland beand ....
Quhethir a kirk man may be tane for

mark ......

Quhethir gif pilleryns may be maid

prisoneris be ony maner of weris of

armes ......

Quhat thingis in tyme of were has sauf

condyt be privilege unaskit at the

princis iiij" & xix

Quhethir in tyme of were the as and the ox

suld bathe jois a maner of privilege .
Quhethir gif the varlet aw to joys the privi-
lege of the husband man .
Quhethir in tyme of weris folk may ledder

castellis and wallit townis lefully .
How suld be punyst folk that brekis the

princis sauf condyt, or his asseurancis
Quhethir a grete lord suld traist in a sauf

condyt, or ony othir lawar persoun . cnij ca
Quhethir gif a cristin king, prince or Em-

perour may geve a sauf condyt till

ane othir king, prince or Emperour

Sarra3ene ...... cv ca

m

m

Ixxxxviij ca°*

ca

m

c ca

m

cj ca

m

m

10

15

20

25

cij ca'

ciij ca™ 30

m

35

m

THE BUKE OF THE LAW OF ARMYS

97

Gif twa lordis has maid trewis togidder

suome, quhethir gif the tane brek

trewis, gif the tothir suld rycht sa brek

(Quhethir better be to fecht fastand before

5 mete, or efter mete quhen men has

dronkin

Quhethir bataill may be set before ladyes .
Quhethir the quene Jonat of Naplis mycht

lefully assail3e the king Lowis de Cicile
lo Here previs the autour playnly how gage of

bataill is reprovit be all maner of lawis
Here he puttis the case in the quhilk it is

lefull to geve gage of bataill
And 3it he puttis ane othir cas in the quhilk
1 5 law of armes will thole gage of bataill .

And 3it ane othir cas eftir the lawis of

Lumbardy

And 3it ane othir cas eftir the law of

Lumbardy.

20 And 3it ane othir cas eftir the law of

Lumbardy ......

And 3it ane othir, eftir the law of Lumbardy

And 3it ane othir, eftir the law of Lombardy

And 3it ane othir, eftir the lawis of Lombardy

25 And 3it ane othir cas eftir the lawis of

Lumbardy

And 3it ane othir cas eftir the law of

Lumbardy

And 3it ane othir cas eftir the law of

^o Lumbardy

And 3it ane othir cas eftir the law of

Lumbardy

And 3it ane othir cas eftir the law of

Lumbardy

35 And 3it ane othir cas efter the said lawis

of [Lumbardy]

cvj ca

m

cvij ca'

m

m

cviij ca

cix ca™

ex ca™

cxj ca

m

m

cxij ca'

cxiij ca™

m

cxuij ca'

cxv ca™

cxvj ca™

cxvij ca™

cxviij ca™

cxix ca™

cxx ca™

cxxj ca'

m

cxxij ca

III

cxxnj ca'

m

cxxnij ca

m

98

THE BUKE OF THE LAW OF ARMYS

And ^it ane othir cas efter the law of

Lumbardy

Foi. 29. And 3it ane othir cas efter the law of

Lumbardy

And 3it ane othir cas efter the said la wis .

How oft tymes the bataill in listis is nocht
done be the principale persounis bot
be otheris

The forme and maner of thair aithis that
suld fecht in barrieris of clos listis in

Gif a man passit age may put quham him
list to campioun to ficht in barrens for
him .......

Gif ane of the campiouns brekis his suerd,
quhether ane othir suld be gevin him
agayne

Gif the lord may nocht knaw the first day
quha has the lyklyar, gif thai suld cum
again on the mome and enter in felde
as before ......

Quhilk of the twa campiouns suld first
stryke

Gif the vencust man suld pay the costis
thouch the king remytt his accioun

Gif a man has bene vencust of ony crime
in barreris gif he may be accusit in
jugement tharof ....

Quhethir gif the campiouns may fecht in
playne felde, but barreris, gif thai lykis

How he suld be punyst that has grantit
his crime, and vencust in barreris
opinly

Gif a knycht appelis ane othir, quhether
gif thai may leve of, and forthink the
appele ......

cxxv ca™

cxxyj ca"*
cxxvij ca™ 5

cxxvHJ ca

m

cxxix ca™

cxxx ca™

cxxxj ca

m

cxxxij ca

m

m

1 r«4ni

cxxxyj ca

cxxxvij ca™

10

15

20

cxxxuj ca™ 25

cxxxiiij ca™
cxxxv ca™ 30

35

m
m

THE BUKE OF THE LAW OF ARMYS 99

Here he spekis of armes and baneris in

generale cxxxviij ca™

Here he spekis of armes and baneris in

specialitee ...... cxxxix ca™

5 Gif a man may [tak] otheris armes at his

lyking ...... cxl ca"^

Gif ane Allemain fyndis a Fraunchman

berand the samyn armes that he bens

in felde, quhethir gif he may appele

10 him of bataill cxlj ca™

How suld be punyst folk that bens othir

mennis armes but leve, to do thame

ony lak cxlij ca™

Here spekis he of colouris in armes,
15 quhilkis ar the maist noble, and of

thair divisiouns cxliij ca^

And first he spekis of the colour that is rede cxliiij ca
And syne he spekis of asure, that is the

blewe coloure cxlv ca™

20 And syne he spekis of the quhite colouris . cxlvj ca
And syne he spekis of the colour that is

blak cxlvij ca

And syne he spekis of the condicioun and

nature of the ordinance of the closing

25 of the barrens cxlviij ca™

And 3it spekis he of the condicioun of clos

felde, ordanyt for fechting in barrens,

as said is cxlix ca™

And jit ane othir thrid reule, of the con-
^o dicioun and nature of clos barreris . cl ca™

And 3it spekis he of the ferde condicioun

and nature of the clos felde that is

callit barreris clj ca™

And 3it the fyft doctryne gevis he, of the
35 forme, and maner and condicioun of

the clos felde clij ca™

m

m

ICX) THE BUKE OF THE LAW OF ARMYS

And 3it the sext doctrine spekis he of the
forme, maner and condicioun of the
clos barrens cliij ca™

Here he speris quhat condicioun suld be

in a gude Eraperoure, be the nature 5

of his hie oflSce .... cliiij ca™

Quhat thingis appertenis tobe in a gude

prince, king or othir ... civ ca™

Explicuit Rubrice istius quarti libri

Here efter folowis the chapitris of the 10

ferde buke efter the quotaciouns of the
Rubricis, etc.

Primum "LJ ERE speris the Autoure of the first questioun of this

capitulum. ■*■■*".

ferde buke, that is to say, of quhat rycht or of quhat
evyn cummys bataill ; touchand the quhilk he sais, thare 1 5
is a lawe callit Goddis lawe, and tharfore mon we se
first, gif bataill be a thing reprovit be that lawe. To
the quhilk, symple folk that ar nocht letterit folk wald
say 3a, And the caus quhy, for the bataillis and weris
dois ay evill, and be all goddis law it is forbedyn to do 20
evill, and condampnyt thing. Bot this argument is na
worth, for quhy bataill is nocht evill thing, bot gude
thing and vertuous; for resoun of nature it has nane
othir regarde, bot recouraie agayne wrang in rycht, and
ger discensioun turne in pes, as sais haly writt. And 25
suppos in bataill be done mony evillis, that cummys
nocht of rycht bataill, for suppos a man rave ane othir,
or put fyre in a kirk, or do a wrang, that cummys nocht
of rycht bataill, na were. Bot that cummys of a fals usage
of men of armes, for misgovemaunce of the weris, as men 30
sais of justice, that a juge may do wrang, bot and he us
his office rychtwisly. His office is foundit in gudelynes,
bot quhare the justice may nocht be maister, to redress

THE BUKE OF THE LAW OF ARMYS lOI

wrang and ger it cum agayne to rycht be ordre of law
ordinare, than mon grele men, throu force of bataill wele
governyt, ger it be agayn tumyt in rycht. Bot and a
juge do nocht justly lawe, quhy suld we say for that, that
5 law war an evill thing, thouch the juge us it nocht rycht-
wisly? For wrang govemaunce cummys nocht of the
nature of justice. Rycht sa say we, that evill dede
cummys never of the nature of bataill, bot it cummys
of a fals custume and fals usage; for all gudis and

lo all vertues cummys of God, and of his awin com-
mandement bataill was ordanyt And [he] gave com-
mandement till a man that was callit Jhesususanne,
sayand that he suld geve bataill till his inymyes ;
and how with subtilitee of ane enbuschement, he suld

15 begyle thame and wyn his ad vers partye. And ^it
say we that God is lord, syre and govemoure of
bataillis. And tharfor mon we graunt that bataill
cummys of rycht, and of Goddis lawe, and be the
rycht of God. For the end that men desjrris in bataill

20 is bot to have rycht and resoun of him that dois
wrang, and that will nocht amend his wrang, bot
throu force. And sa is the end of bataill pes. And
commonly in bataill the gude folk has evill, for evill
[sic] folk ; for othir wayis may it nocht be, for as

25 suthefast resoun gevis, bataill is comperit till ane
medicinare. And we se that malady cummys nocht
in mannis body, bot for sum excess of evill humouris,
and thare, to destroye that excess of our mekle evill
humouris, the medicyne is gevin to the man that is FoI. 30.

30 seke to put away the said excess. For othir wayis
may it nocht be mendit, or ellis dede mon folowe,
gif na remede be put. For nychtbourschip till evill
folk gerris oft tymes the gude tak scathe, as did
sum nychtbouris of Sodome and Gomorre, the quhilkis,

35 for the horrible syn aganis nature, God gert be brynt,
as witness the haly scripture, with othir thre otheris

I02 THE BUKE OF THE LAW OF ARMYS

that was nychtbouris to tharae, with the qnhilkis,
mony gude folkis was punyst amang the eviU, as
dois the gardinere that may nocht draw out the evill
herbes of his gardyn, bot gif he tak sum gude with.
Alssua men seis oft tymes that for the excess and iaolt 5
of sik a man, all the lignage that he is of is destroyiL
As we have ane example of ane callit Ge3acy, the quhilk
for a fault that he maid of symony, all his lignee was
lepre3. And oft tyme for default of a King ane hale
realme is oft in perdicioun, as we rede that, for the syn 10
of Dauid, thare come dede and pestilence apon all his
realme. And tharfore we fynd that bataill cumm)rs of
the law of God, for quhy we have a lawe that is callit
lawe of folk, in latyn it is callit Jus gencium, off the
quhilkis it is na dout bot bataill cummys be the decrete 15
of that lawe of civile. And quha sa will wit quhat kynde
of lawe is that lawe of folk, I ansuere the, that it is all
thing that, be resoun naturale, suld be generaly. And
alssua law canoun, and law civile may wele be callit lawe
of peple or of folk; for thai declare be gude resoun the 20
richtis of every partis ; and tharapon determynis specealy
as law and resoun gevis, and gevis thame forme and ordre
to goveme thame efter goddis lawis and mannis. And
3it a mare stark resoun thare is; for certaynly bataiU
cummys of nature, and be the lawis of nature ; for quhy, 25
naturaly all thing is enclynyt to gaynstand thair contraire,
and to thair evill, and thair destructioun and comipcioun,
and to conserve his lang lesting and enduring naturaly :
as men seis, naturaly ilke wilde beste and tame defend
the self, and do evill agayn evill. And thus is it wele 30
esy to knawe that bataill is a thing lefuU and resonable
tobe done, as generale knaulage may be understandin.
And as langand in speciale we sail speke mare furtherly.

Capituium JTERE folowis be quhat lawe or resoun may men move
II.

were aganis the Sarra^enis ; apon the quhilk I will mak 35

>j

THE BUKE OF THE LAW OF ARMYS IO3

here a questioun. That is for to say, be quhat rycht or
quhat lawe may men move were aganis the Sara^enis or
othir mistrowand folk, and gif the Pape aw to geve par-
doune to thame that makis wens apon thame. And first
5 I will preve that it may nocht be be lawe. And my
resoun is, for quhy, that all the gudis that ar in to this
erde God maid for mannis persoun, but drenis, alswele
for the gude persoun as the evill, for God gevis na
charge na vertu mare to the sonne and the planetis to
10 schyne better apon a cristyn mannis come na apon a
Sarra^enis, bot gerris thame schyne evynly, bathe apon
the tane and apon the tothir, bathe evill and gude, and
gerris cum to thame als gude wynis, als gude comis, and
als gude fruyte in all kynde of maneris in erde, and

1 5 quhilum better, and gevis thame alssua wit and science,
naturall resoun and justice, and gevis thame realmes and
regiounis, ducheryis and erldomys and empieres, thair
faith and testament, the quhilkis sen God gevis it but
defference and excepcioun, quhy suld man tak it fra

20 thame sen God vouchis it sauf on thame. And ^it mare
stark resoun, as haly writt beris witnes that we suld nocht
force, na constren^e na mistrowaris Sarra^enis, na othir to
trowe in oure faith, na to tak the haly baptesme, bot
leve thame and lat thame be in thair free will, and mak

25 thame exhortaciounis as did Sanct Paule and othir doc-
touris, gif thai lykis on thair gude will to cum to the
faith. And sen we may nocht than mak thame were to
trowe in oure faith, trewly we may nocht mak it thame
to wyn thair gudis fra thame, the quhilkis God lennis

30 thame as till vs. And jit mare stark resoun, for and a
Sarajene tak the haly baptesme, jit may he becum man
to that lord that he takis the faith under, as sais Sanct
Paule. And jit sais the decrete, that the cristin men Nou.
that ar duelland in the mistrowand menis housis under-

35 malls suld be lele to thair malaris and obeisand. And
gif thair maisteris makis were in armes, thai suld arme

I04 THE BUKE OF THE LAW OF ARMYS

thame with him. Bot and he charge thame to mak were
aganis cristin men, thai ar nocht behaldin till obey him.

Nota. And alssua the pape him self with his awin mouth sais,

in his decretale, that it appertenis nocht till him na thing
of thame that ar out of the ^th of Jhesu Crist, na that 5
he suld nocht do na jugement amang thame. And thar-
fore, sen him self beris witnes thareto, how may he than
geve pardouns and indulgence to mak were apon thame ?
And herefore mon men wele tak tent to this debate,
and namely, how that all bukis of haly wrytt ar be the 10
maist part all at Concorde, that in all thing that nature
has ordanyt thare suld be a cheif, that is for to say, ane
hede, as in all erdely lordschip, the veray sone of God,
quhilk is soverane lord of all this erde, is oure lord and
cheif, the quhilk name of lordschip was gevin him bathe 15
in hevyn and erde, and next him his vicare generale the
pape, quhilk has ail power generale in erde. And ^it I
traist that a wis man wald say that he has bathe powere
on lele and vnlele. Bot it war herisy to say that gif him
self had power in erde, the pape his vicare suld nocht 20
have it in erde, rycht sa; for it is nocht a thing evill
appertenand to resoun, that sen Crist is Lorde of all the
erde his vicare has powere our all his lordschip in this
erde, that is for to say, that he has power gif ony Sara-
3ene or Jow dois oucht that is agayne the law of nature, 25
the Pape aw to correct and punys him. Bot to say that
in all othir cas touchand the faith he suld do resoune, I
traist that nay, he may nocht do it. And tharof gevis
oure Lord ane example in the aide testament, quhen he
tuke punycioun of that horrible syn, and gert synk fyve 30
citeis of Sodome and Gomorre, and othir thre citeis

Nota. nychbouris to thame. Bot suppos the Sara^enis and

othir mistrowand folk hald nocht the poyntis of the
Ewangele, the pape may nocht constreyne thame to
trow in the ewangele, for faith sulde nocht be compellit 35
be fors. Nevertheles the pape may geve pardouns to

THE BUKE OF THE LAW OF ARMYS IO5

cristyn men to help to recover the haly land agaynis the
mistrowaris of the faith, that is the land of Jerusalem,
the quhilk he conquest rychtwis with his awin precious Foi. 31.
blude. And syne it was agayne conquest be the Princis
5 of Rome, Titus and Vaspasianus. Bot in samekle as the
Sara3enis has occupyit it efter the conquest, thai have
occupy it it wrangwisly, and but rychtwis title. And
tharfore the pape may geve pardouns till all cristin men
that wald sett for the conquest of it, to put it agayne to

10 the richt lord that boucht it with his blude. Bot as to
mak generale were agayn the Sarra3enis, but consent of
the pape, I traist nocht it be lefull na resonable, alset it
war the Emperour. And the resoun is this, for all the
grettest thingis that ar belangand the governance of

1 5 bathe temporalitee and spiritualitee ar to be knawin and
kend be the pape, quhethir thare be in thame resoun or
nane, as all writtis beris witnes. And spccialy be caus
that the haly land beyond the grete see, at Jerusalem,
thare quhare his blude was sched, is specialy his vicaris

20 generale, for he gave the conquest tharof to Godfray de
Balloun. And be that way, quha ever be King of Jeru-
salem, he haldis it of the pape. And of this we have a
clere example; for all the voyagis that ever was maid
our the grete see, for the recovering of the said landis,

25 was done be the papis avis and his consent, as aid storeis
and ancien cronykis beris witnes. Nevertheles I say
nocht na, quhen ever it lykis the Emperoure to mak were
apon the occupiaris of thai landis, or the king of Fraunce,
or othir king, that the pape will hynder thame, bot for-

30 thir at all his powere and confourt thair devocioun, sa
that it be done with his advis and consent. For suppos
a king that war of lytill power wald with a few menje
passe that voyage, it war bot a lak to the lave of the
kingis, and scathe to the pape, and to the haly faith

35 hindering. Bot suppos the pape wald set him for to
conquest othir realmes or contreis, in thai landis that the

ro6 THE BCXE OF THE LAW OF AMfYS

on^ttdimll men. hakfisr c^ P^^p^ be Lbebt na rcaami»
nocht CO mo^e were aganiit thgniifj nft oo declare
tobt madd apoti thame be erhrr prinds,. bat gf tbs
realmes wstr ochir wafis coBqiTffst be oi^nr ^pnesy and
pat in che subjectiDixa of tiie kirkr or of t&e enpflre of 5
RiDme. BotnochtviriistaiKfiBgtiiattbfiurealBwsbeBociit
sobjeeces to the empcre; the pope Eos power pceij^ni i c
apoa tbasme, that, ander psEfse of ij r ietiiie fomm a md
tharein, thai do na gref cut in juris to die cris^ fbOL Tbe
qohiBc, gif diaz doy atoar hss fOKHmnd enaent and inldbi- 10
doont he may comniand the Enqserocir and odtzr prinds
to mcnrt were aganis thame^ diat dBanbiss die soi^ of
haij Idrkf and gere the conquest of diai reahnes and
regkxins till his cristjm campioiins. And soppos diai
cfistin men dneO in thair jorisdictioim, the pape be sen- 15
tence dl ffi niti v e may tak fra thame thair foresaid juris-
dictioan, and geye it quhare him lest, gif thai mak ony
molestacioun to crist3m that is in thair jnrisdicdoon.
And this is the opynioan of oure maisteris and doctouris.
Bot for nocht that I have said, I will nocht that men 20
understand be my sawis na the King of Jerusalem has
gude rycht to recover his said realme, quhen ever he
may be of power to recover it, for ilke man wate wele
that Quene Johanne of Naples has veray rycht to the
said realm, scho and hir ofspring. Quharfore I mak 25
hcrtly instance to Almychty God, to send sum gracious
person e that may have grace and poware, to reconquest
it and bring it to the kynde airis.

Cupiiutum tJ ERE speris the doctour quhat folk suld obey to the

Emperouris commandement, in cas that he wald move 30
weris. Apon the quhilk thing we sulde understand
how the Emperour has mony s)mdry kynde of peple
under his wand, off the quhilkis thare is sum that is
in all poyntis obeysand till him, as the peple of Rome,
be the quhilk peple of Rome is understandin all his 35

THE BUKE OF THE LAW OF ARMYS I07

empire, sen he is Emperour of Rome, as sais the lawis.
Bot thare is mony of thame that rebellis, and will nocht
obey, nochtwithstanding that thay lyve be the lawis of
the empire. And 3it, nocht than thai graunt that the
5 Emperour is temporale lord of all the warld, 3it will
thai nocht obeye him, in justice doyng amang thame :
sik as ar the citeis of Lombardye with the peple of
Rome, alssua the quhilkis, nochtwithstanding that thai
occupy the jurisdiccioun of the empire, the Emperour,

10 nevertheless, has be rycht lawis, has and suld have
dominacioun and seignoury apon thame. And with
that, thare is othir peple, that has nocht ado with the
Emperouris lawis, and is nocht under his dominacioun ;
as is the toun of Venys, the quhilk sais that thai ar

15 privilegit till have all jurisdiccioun within thame self.
Bot natheless this peple is of the peple of Rome; for
sen thai say that thai joys the jurisdiccioun be privilege
of the Empire, bot the Emperour may gayn call that
privilege quhen ever him lykis. And ^it is thare othir

20 peple, that was wont tobe of the empire, the quhilkis be
dominacioun ar of otheris now, as ar all the peple of
all the provincis that the haly was wount to jois, the
quhilkis obey is nocht to the Emperour, but properly to
the Pape ; as is oure awin realme of Naples, quhilk haldis

25 of the Pape in propertee of subjectioun. And 3it is thare
sindry othir realmes that obeyis nocht to the Emperoure,
as France, Spaigne3e and Ingland, the quhilkis has be Scotland,

Irland.

writt thair jurisdiccioun imperiale. Bot it is na mervail
that the king of Fraunce be nocht subject to the

30 empire, na to the Emperoure; for quhy that othir
tymes the realm of France, and the empire was all
ane in the tyme of grete Charles, the quhilk was bathe
king of Fraunce and Emperoure. The quhilk fredome,
as men sais, the said Emperour in his lyf and lege

35 poustcc declaris him self that nouthir of thame is sub-
ject till othir, and suth it is that efter Charles, thare was

f08 THfc BCKE OF THE LAW OF ARXTS

fyrc king» of France Empexoons and kiogis of Fmmcc
ibr than was bathe boc 2 thmg but 00 j <Eviskxm. Bol
nov tt is nocht sa, lor iw^ thai bald iKxiit, na has
nocht ado with Ecnpeiocir oa. Emperoaris lawis^ And
aliisaa thare is mcmj ane that will nocht grannt that the 5
Emperoore is lord of all the waiid, for the trajtociris
untretithfuH sais that the grete Cane is lord of all the *
warki And the SarTa3enis sais that the grete Sondane

^Tou. is lord of all the warid. Bot as to the pnrpos, qnha

suld obey to the Emperour in his weris making, and 10
qtihethir he may mak were or nochL As to that I
ansuere jow, that certaynly sen he has na temporale
soverane he may mak weris at his awin list, and bataillis
agayne his inymyes. Off the quhilkis I sail declare
quha ar his inymyes. Of the quhilk spekis the law civile, 15

r(A. j2. that nocht anerly the Emperour may mak were, bot
alssua the peple of Rome may move weris agayne thair
inymyes be the lawis civile.

Nou. |-JERE makis he ane othir questioun, that is, quhethir

Capitulum othir Princis na the Emperoure may move were and 20
bataill; to the quhilk he ansueris, sayand, that othir
Princis may mak were and bataillis, be the lawis, for
the taking of counsaile as langand the weris pertenis
to the Princis, as sais the lawe civile. Bot as to the
suthfastnes, othir lordis may nocht command bataill na 25
weris, bot anerly Emperouris, kingis or princis, that is
to say, generale were; for na man may mak were in
generale, but leve, and nane may geve leve bot a prince.
Ane othir resoun : thare may na man tak rycht na resoun
at his awin hand, bot he that is lord and prince of the 30
lawe leve him to do, be him self or his niynistris. Bot
now on dayes, 'sik lawis ar nocht wele kepit, for symple
knychtis and baronis that ar na princis will tak opyn were
and generale, ilkane till othir, but ony leve of prince or
othir power hafand, the quhilk is agayne the law of armes. 35

THE BUKE OF THE LAW OF ARMYS IO9

J-JERE speris the autour quhethir gif the Emperour Capituiumv.
may mak were aga)mis the kirk, and quhethir his men
or subjectis suld obey him in that kynde of were or
nocht. And as to that me think that thai suld obey
5 him ; for quhy, the Emperour is the hyest of temporale
Princis, and the lawis sais, Quod morte moriatur qui
principibus obedienciam non prestat, that is to say, he
suld thole dede that obeyis nocht till his Prince. Als
ane othir resoun is, for the knaulage and jugement of

I o weris is to the Emperour and othir Princis bathe apper-
tenand, quhy than suld thair subjectes rebell thame?
The thrid resoun is, for rycht as the pape is lord of
the spiritualitee, sa is the Emperoure in temporalitee.
And tharfore, as he suld have obeisaunce in spiritualitee,

1 5 sa suld the Emperour in temporalitee. And ^it is thare
a mare stark resoun na all thir, for as witness the lawis,
and the clerkis that thame thare in knawis, the sub-
jectis of the Emperour suld kepe thair obedience till
him alset he war scismattike. Bot 3it nocht gaynstan-

20 dand all thir resounis that ar bot full wayke, for the
Emperour suld be procuroure to defend haly kirk. And
to say that my procuratour, that I mak on myn awin cost
to defend me, suld be agaynis me, it war nocht wele
sittand that he that war ordanyt to defend me, suld be

25 werreyour agayne me. And ^it mare stark resoun, the
pape is soverane to the Emperour, and the Emperour
subject to the pape, and to say that the subject suld
juge the maister, me think it war nocht the rycht way
of gude govemaunce. And as to that, that he is his

30 soverane, that is but were, for he inqueris of the Em-
perouris electioun, quhethir the Emperour and laufully
chosyn or nocht, and gif he be, he confermys him. And
gif he be nocht, he puttis him fra that dignitee imperiale ;
or gif he be ane unworthy persone, and unhable tharto,

35 or gif that he dois ony thing that is agaynis the majestee
imperiale, he degradis him. And tharfore is it na were,

vj

no THE BUKE OF THE LAW OF ARMYS

na dout that, suppos the Emp>eroure wald rais were
agaynis the pai>e or the kirk, his subjectis aw nocht
to obey to him in that, for doutles thare suld na subject
obey till his soverane to werrey agaynis his God, or his
vicare, na his commandementis. And namely in the 5
rebellioun or persecucioun of haly kirk, to do offence
till his God, and breking of his commandementis, for
that war a kynde of herisy, to the quhilk nane suld
obeye, etc.

Capituium pjERE speris the autour quhethir the pape may mak lo
were on the Emperour To the quhilk questioun he
arguys first that nay, that is to say, he may nocht
laufully mak were apon him, for quhy, a kingis provost
may have na mare power na has his maister. Bot the
papis maister, Jhesu Crist, commandit never were Bgayne 15
his inymyes, bot bad sanct Petir, quhen he was tane that
he strake of Malcus ere, that he suld put agayne the
suerd in the scalburde. And than be resoun, sanct
Petir that is his provost, suld nocht excede his maister
be resoun. And 3it mare. Crist said till his Apostlis — 20
Behald, said he, the kingis and princis of the peple, how
thai hald thame as lordis of the peple. Bot I will nocht
that 3e do sa. Bot quha ever of 50W be first, that he be
lawest servitour to 30W. And thareby schawis he that
he wald have thaim na lordis here. And gif the pape 25
has na lordschip here, how suld he mak were than apon
the Emperour, or juge him, or ony jurisdictioun have
apon him. And 3it with that, the Apostle Paule biddis
us nocht defend us, bot ourcum malice with vertu of
pacience. And men wate wele that it is na poynt of 30
pacience to mak were, ergo, etc. To the quhilk thingis
it may be ansuerd that nocht gaynstandand that thir
ressounis be apperance ar gude, ^it may thai hald na fut
in lautee. For and the pape saw the Emperour outhir

k

THE BUKE OF THE LAW OF ARMYS III

heretike or ^it scismatike, or that he occupyit wrangwisly
the kirk gude, or ourthrew wrangwisly the legis of the
papalitee, the quhilkis ar privilegit of him and haly kirk,
in thir casis but drede, the Pape may discern and juge
5 were tobe maid apon the Emperour lefully and laufully.
And to him all gude cristyn peple ar haldyn till obey,
and help the pape in his weris and nedis, and to socour
at thair powere the lele subjectis of the empyre that he
wald usurp apon, as anys befell in the tyme of gude pape

lo Alexander the thryd in that name. The cjuhilk pape
Alexander, the Emperour that was that tyme chassit in
Fraunce. Agaynis the quhilk Emperour, the said pape
maid process, and deprivit him of the dignitee impcriallc
be sentence diffinitive, and ordanyt and chargit agayn

15 him the gude King of Fraunce, the (juhilk King of France
refusit nocht the were agayne the Emperour, and come
to his honour thareapon, and restorit the pape agayn in
his fredome. And as to the argument that sals that (/od
commandit sanct Petir to stou up his »ucrd in h\n furrcll,

20 it is bot lytill worth, for God was puqK;»it allutcrly to
thole dede for oure salvacioun, and wald n^>cht be
reskewit be na help of erdly man tharfra, lUA he ftaj«i
nocht in haly writt that he t/ad mnci Vci'tr put away hh
suerd, bot bad him put it up in the »f;hefh, the f^uMkh

25 sigajfyis that he wald it war kepit Ujt the tymt Uj^Attn :
for as for that day, he waJd nocht deferml him a^yn ttte
dede, for and him ll^t, he tnycht h^ver ha/1 me/ny «
legioan of angelw tr^ ns^f him frz xYau y/^frr. t>A ^f^
wald SL% t'c^n u* hu ^/six^W^n ih f/*A^erK'^ ff/f m^tfttn

ar TiO^i.: •^.r/if^nrj^rA'-if, %;t^ju^, *^tA ^a yry^.-^f^. "/ ^-t^^
P«!:fr, 5'>r '^*3^>.-^ r^, r^..^ ;^Av*r v-,jf i:^ ^f*W<-jv^n V/

VIj

112 THE BUKE OF THE LAW OF ARMYS
As we say of all that talcis saule resonable in erde and sa, to the

that haldis

of hym. purpos hc may male were apon the Emperoure, or ony
othir rebelloure to the Kirk, in the cas before nam3rt,
etc.

i-'oi. 33- J-JERE speris the autour quhilkis thingis ar maist 5

Capituium ncdefuU to the bataill and spedefull. To the quhilk
questioun he ansueris that thare is twa thingis that ar
maist nedefull to the bataill. The first is the duk of
the bktaille that is callit the ledare of the bataill, that
men callis now constable, or marschall in his absence, to 10
the governaunce of the ost The secund nedefull thing
is gude reugle, and gude ordynaunce. The quhilkis twa
thingis makis all the gudenes of the felde in bataill.
Anent the quhilkis we fynd be ancient custumes of weris
thre ordynancis of bataillis. Off quhilkis the first is 15
callit legioun, and it suld have in legioun sevin hardy
chifta)mis, with sevin thousand fut men, and sevin thou-
sand hors men and xix. Ane othir ordinance was callit
a company, the quhilk suld have twenty thousand men
of fut men, and fyve hundreth of hors men. The thrid 20
ordinaunce was callit a cinquantinere, and it suld have
fyve hundreth and Iv of fut men, and Ixvij of hors men.
And this set, efter ane ordynance that clerkis has in wrytt
in the aide lawis, be the ancient custumes of weris.
Natheles all sik maner of namys of ordinancis ar left 25
now on dayes, for all is callit now bataill, how ever it be.
And that is at the plesaunce of the chiftaynis, outhir con-
stable or mareschall, or othir governour of bataillis efter,
as thai have folk Bot it is spedefull till us to wit the
propertee of the foundement of the bataill. Off quhilkis 30
thare is twa, the tane is force, the tothir is armouris,
the quhilkis quhen that wantis, the bataill is lytill worth,
gif the men be outhir wayke men, or aide men, or seke
men, or our 3ong. And tharfore was it gevin be charge
to the princis and dukkis of the bataill that thai suld 35

THE BUKE OF THE LAW OF ARMYS II3

tak the starkest men, and maist worthy in weris agaynis
thair inymyes of the peple of Israel. And as langand the
tothir of the foundementis, that is armouris, doutles a
man that is outhir unarmyt, or evill armyt may nocht
5 hald felde in bataill place, bot he suld sone be dede.
Item, thare is in bataill thre maneris of folk, that is to
say, hors men, fut men, and schip men. And langand to
the fut men, all gude constable suld put his fut men
in stark place, outhir hill, or othir strenth that war strayte
10 cummyn, and the hors men nere the fut men upon a
playne place, and als the schip men efter the place and
the situacioun of the toun, or, etc.

I-J ERE folowis a questioun ; how he suld knaw quhat Nota.
thing efferis till a gude knycht to do, and quhat thing Capituiam

viii

15 him belangis principaly. To the quhilkis ansueris the
doctour that till a gude knycht efferis to kepe wele his
athe and his lautee till his maister and his maisteris
lorde. And commonly thay suere that thai sail do all
and syndry the thingis that thair lord commandis thame

20 to do as to the defens of his contree efter his rychtis, and
efter the cours of the commoun lawis, and his privilegis
And treuly he is na gude na trew knycht that, for ony
doubt of dede or othir fortune or aventure, levis to defend
his lordis rychtis, or his landis, bot he is bathe traytoure

25 and manesuome. And next, that a knycht aw to be
obeysaunt till quham that his lorde, prince, or maister
ordanis to be govemour of the bataill in his stede, or
govemour of the ost; quhilk gif he dois nocht, he
suld nocht be callit a gude knycht, bot ane orguillous,

30 hychty, and prydy rebelloure unworthy. And as till Qnhatper-
ane gude knycht that is at a lordis fee or wagis, [he] knyduto

do.

suld sett all his study till arm him at poynt, and hors

him, and ay be redy at bidding of his our-men to do his

honour and charge of his lord ; quhilk, gif he gaynstandis

35 or rebellis till, he tynis his hede, be the law of armes. For

H

114 THE BUKE OF THE LAW OF ARMYS

trewly the knychtis ar nouthir ordanyt to labour cornis,
na grouve the wynis, na to kepe bestis othir na hors, till
ordane, na 3it he suld nocht dresse nane insicht in
housis, na be na Stewart, na procuratour, na advocate, or
ony othir villayn craft, quhilkis gif he dois othir wayis 5
na his ordre requeris, he aw to tyne the privilegis of
knychthede. Alssua a knycht aw nocht to by landis,
na lordschippis, nor nane wynis, croftis, na heretagis,
in the tyme that he takis ony princis or lordis wagis.
For gif he dois, all suld be achet to the lord. For 10
thare suld nouthir Knycht na gude man of were
set him for avarice, na covatis of wynnyng of gudis
endurand the tyme of the weris; na desire to be
richit quhill outhir the felde be wonnyn or tynt, and
the were endit. 15

Capituium U ERE folowis quhat thingis efferis to the Duk of
the bataill, the quhilkis ar callit the grete Constable
or Mareschall; to the quhilkis it eiferis to geve men
leve to pas in thair nedefuU erandis quhare thai have
ado. For but thair leve, thare may na man of armis 20
leve the ost under the payne of dede. And he suld
charge thame to ryde be ordre and ordinaunce hald,
as is tane to counsaile for the lordis prouffit prin-
cipale, and his honoure. And als he suld wele tak
tent that out of his lordis land suld pas nouthir hors 25
na men till othir contree in armes na werefare, but
ordinaunce. And alssua suld he send and se that
na knychtis, na men of armes suld byde behynd in
castellis na fortressis, bot all suld pas with him, bot
thai that he ordanyt to byde for the keping. Na ^it 30
suld he nocht send his men to fisching na foulyng.
And alssua it efferis to the constable to kepe the
keyis of the castellis and wallit townis quhare he
cummys; and to mak gude wache and warde bathe
nycht and day. And als till him it efferis to ger kepe 35

THE BUKE OF THE LAW OF ARMYS II5

the mesuris and wechtis amang merchandis, that his
men be nocht dissavit in the sellyng of lyfing to thame,
and thair servandis, and thair bestis. And the puny-
cioun of thame that haldis wrang mesuris and wechtis
5 efferis to the constable; to correct and punys thame
eftir thair dementis ; and the quantitee of the trespass.
And alssua it efferis to the constable to here all
questiounis, querelis, and complayntis of his men^e
and thair anerdaris, and to do justice and resoun to

10 all partis complen3eand ; and decide all debatis, noyses,
and ryotis that in the ost is movit. And ^it mare
efferis to the constable — to visyte the hurt men and
seke men, and to ger purvay for thame lechis, and
medicinaris. And that is expresly declarit in the lawis

15 civile. And to him als efferis at all perilous passagis,
to se to the passing of the ost that nane be perist at
evill portis, na passagis, na ryveris, na wayke briggis.
And als that nane pas out of sicht of the ost in tyme FoL 34-
of perile to be tynt. And gif it hapnis that spedefull

20 be sene to the consale to mak castell, or fortress for
sekemes, or seurtee of men or contree, it mon be wele
avisit that it be nere wod and gude water, that it be
nocht our hye set, na our nere the see, or in our harde
dry territoire, or our myry erde, or full of gare in tyme

25 of rayn, or ^it quhare the spate wateris of the grete
mountanis may sudaynly cum till infest the ost and
disloge thame. For thir ar the apyniounis and the
doctrine of ane callit Vectoit, a doctour, as is rehersit
in the buke of the Order of Knychthede. Als it ap-

30 pertenis to the constable to revenge the harmys done
to his knychtis and his men of were, and thair injuris.
Als it efferis wele till a constable to be wys and verty,
and wele avisit in all his dedis; and, namely, in the
govemaunce of weris and bataillis, bathe speciale, and

35 generale, and that efter the contree, and the place,
and the persone, the tyme, the houre, and the folk,

Il6 THE BUKE OF THE LAW OF ARMYS

and be wele avisit quhat folk he takis till his coun-
saile, and quhat folk he may best help him with, as
that day. For in sik place may be that folk on fiit
is better na hors efter the consideracioun of the con-
stable and his counsale, the quhilk, in the law civile, 5
is callit the Duk of bataill; and in the bible alssua.
The quhilk suld do justice till all men that ar playntis
of his men as to merchandis and vitalaris of the ost
and otheris, quhilk gif he dois nocht he brekis his
company. 10

Nota. I-JERE he speris quhy and for quhat caus knychtis

Capituium suld be punyst. To the quhilk is said, that for stryk-
ing of the provost of the ost, quhilk is callit the pro-
vost of the mareschaulis in France, and in Scotland
the constable depute, the quhilkis quha ever strykis 15
with wappin or othir villaynis man^e, be the law of
armes he tynis the hede that dois it. And rycht sa,
he that rebellis to the prince, or to him that is his
constable, or mareschale, or othir depute to goveme
the ost, suld, be the law of armes, tyne the hede. 20
Alssua quha ever takis first the flicht, to flee fra the
bataill, the chiftane bydand in felde, suld tyne his
hede. And alssua, quhen ony is send in message to
the inymyes, and he discover the secretis of the ost
to the inymyes, aw to tyne his hede; or the secretis 25
of his lord outhir. Alssua he that strykis his falow
but caus resonable, aw to tyne his hede. Alssua quha
ever slais him self aw to tyne his hede. Alssua he
that defendis nocht his capitane, in his default suld
tyne his hede. Alssua he that brekis ordinaunce of 30
bataill atour his inhibicioun of the prince or his con-
stable or lieveteris, suppos he pas to do sum pugny
of were that be prouffitable to his lorde, that savis
him nocht, as oft dois hautane proud- hartit men to
wyn los in armes, mare for pride na for prow; the 35

THE BUKE OF THE LAW OF ARMYS II7

quhilk is rycht evill done, to leve thair bataill.
Quhilkis for na gude thai mycht do thare suld be savit,
hot thai suld tyne thair hede. Alssua quhat ever
knycht that lettis pes to be maid betuix the lordis aw
5 to tyne the hede. Alssua he that procuris, or artis, or
nurisis discordis, rumouris, or mortall fedis and stanchis
it nocht gif he may do, suld tyne the hede. And ^it
mare quhat knycht or capitane that takis wagis of a
lord and levis him or he have maid service detftilly

10 tharfore, he suld be jugit to be distrussit of hors and
gere and pas away on fut as a fut grome. Alssua, gif
a knycht or capitane makis a grete bargane in the ost
quhilk be perilous for the divisioun of the ost, and
grete slauchter off bathe the sydis, [he] suld tyne his

15 hede, gif it be in his defalt fundyn. And he that
departis fra the ost in the tyme of semble, that is feid
and wrytyn, suld be condampnyt till evermare gang on
fut fra thyne furth, na never be tholit to ryde on hors
efterwart, bot ever on fut, bot gif the lord for con-

20 sideracioun of aide gude done service, do him ony
grace for cans resonable that he may allege for him.
For and a knycht or othir capitane be put to jugement
of dede, for ony of thir forenamyt causis, all his gudis
ar forfet and confiskit to the principale lord of the

25 weris.

T-IERE speris the doctour quhethir gif strenth be a capituinm
vertu morale. And first he provis that it is nocht a
vertu morale. For quhy ? Strenth is a disposicioun of
mannis body, bot it is clere till all mennis understand-

30 ing, that all vertu morale or cardinale pertenis to the
saule behove, etc And ^it mare stark resoun : for the
vertues of the body ar all subjectis to the vertu of the
saule, as is a thing of less valour. And ^it mare stark
resoun ; for all vertu morale is ane understanding of

35 mesure of mannis condiciounis, and of his werkis,

XJ.

Il8 THE BUKE OF THE LAW OF ARMYS

outhir actives or passives. Bot the forteress corporale
be him self, has nouthir condicioun, na propertee of
that thing; quharfore it may nocht be vertu morale.
And in this mater men mon wele consider quhat thingis
ar the extremiteis of force, and of strenth. For I hald 5
that as for myn opynioun, that fulehardynesse is the
tane, and reddour is the tothir. Than pray I 50W to
behald in ^our mynde, with ^our hertis eyne, gif har-
dynes or reddour be ony thing pertenand to the force
corporale of the body, that is to say, gif hardynes, or 10
cowardis cum of a stark or strenthy corps, the quhilk is
clere till understand that it cummys nocht tharof, bot it
cummys of the hert, and of the mynde of the man that
is set outhir for honour and vertu, or for nouthir. And
thus behovis us graunt that forteress of the body, that is 15
to say, strenth bodily, is nocht vertu morale, bot anerly
the force of the spirit. Nocht than the strenth of the
body is ane of the first foundementis of bataill. And
syne next that, armouris ; for thai twa thingis ar bathe
nedefull and spedefuU to geve bataill, for bathe ar 20
nedefuU to bataill. And quha will wele understand
the thingis before said, thare is alwayis — in everilk
extremitee thare is vice and na vertu. For quhy, in
oure grete hardiness thare is ay surquidye, and pride,
and excess ; and in raddour thare cummys fa)nitnes, 25
and failling of hert, and causles dout and drede, that
makis oft tymes mekle scathe. For oft tymes men
doutis, quhare na dout is, na caus of drede ; for gif
thare war a capitane in a forteress with fyfty men of
armes, and othir fyfty come to assege thame, and for 30
drede of thai fyfty without, the fyfty that was within left
the place and fled. And alssua it is surquidy, gif a
capitane, with L. men of armes, wald assail3e thre
hundreth als gude; that war fule hardynes, and na
vertu morale. Bot than is vertu morale in the mydlyn 35
way that is callit force of strenth, the quhilk is till

THE BUKE OF THE LAW OF ARMYS II9

assaile, or to defend lyply and sadly, with gude FoI. 35.
deliberacioun, and gude avisement, vertuously : and
that is callit hardynes, vertu, that men callis vertu
morall, quhilk is to the purpos. And alssua the vertu
5 of force is als wele in fleand as in folowand or bydand.
For he that is vertuous in the vertu of that force, is ay
temperit that he excedis nocht, hot knawis his tyme,
bathe to assaile or byde, flee or folowe; and that is
vertu morall.

10 "W ERE speris the doctour gif force be vertu cardinale. Capituium

xii>

Of the quhilk he sais, first, that it is nocht vertu
cardinale. And the resoun is this; for as the dure
tumis about apon the herre, and is sustenyt be the
crukis, and vyris and revyris, and haldis it nevertheles

15 in his rycht reule, that is, pas nocht his mesure; sa
kepis the vertu cardinale the activitee, or passibilitee
of mannis governaunce in his lyf, and ledis him the
hye way of vertu and veritee. Bot nowcht every man
that is vertuous in the vertu of force settis thame nocht

20 to poursu bataill ; na ^it nocht all men that pursewis
bataill is nocht cled with that vertu of force, na ^it is
nocht all forsy of pursuyng or defending of dede of
armes is nocht vertu cardinale. Bot ^it nocht gayn-
standand all thir argumentis, force that men callis

25 strenth of curage, is vertu cardynale, for sa is it haldin
in science naturale of philosophy morall, be all oure
maisteris and doctouris; as sais Seneca, the quhilk
maid a speciale trety in a buke of all the four vertues
cardynalis. And alssua, Tullius sais that ilk, in a buke

30 that he maid callit Retorik, the quhilkis all haldis that
suppos a man, or suppos every hardy spiritit man
poursu nocht alwayis to bataill; for that, it folowis
nocht na thai have in thair curage the vertu of force,
that is strenth of curage. And rycht sa, suppos a

35 knycht have bene at the weris lang tyme honourably

I20 THE BUKE OF THE LAW OF ARMYS

unreprovit, and syne cum till his hame, and duell thare
X or xij 3eris, and rest him, forthy it folowis nocht na
the vertu of force, that is strenth of spirit, is alswele in
his curage than as before. And treuly war nocht
strenth and force of curage in a man, the lave of his 5
vertues war of litil valour, for ellis mycht he nocht
persevere in othir vertues. And alsa ane othir resoun
is, for thare is na vertu sa profitable for mannis saule
as the vertues cardinalis, for thai ar lordis and princis,
ledaris and govemouris, and reule of all vertues and 10
gude thewis as kingis, pape, or princis.

Ca^iitaium T-IERE speris the doctour, gif the duk of the bataill
be tane, quhethir gif [anyj suld save him, have merci
of him, and ransoun him. And as to that poynt he
argewis, first, that nay, it suld nocht be; and the cans 15
be resoun he schawis, sayand that we se naturaly all
cheif contrair destroyis his contrair quhen he has of it
the maistry, as fjrre and water, calde and hate; never
mare has ane pitee na merci of ane othir, quhill ane be
consurayt Rycht sa the hund and the wolf, the cat 20
and the mous. Forthy him thinkis that rycht sa the
man erar suld destroy his in3rmy mortall, sen he has
knaulage and resoun. Alssua sais the law civile, that
fra a man be tane in bataille, he is bonde and sclave ;
that man that takis him may do with him at his will. 25

Nptaofa Bot law cauouu is in the contrair of this resoun, sayand

prisoner.

that, mcontynent, that man is ^eldin pnsoner, and in
prisoun, or in the handis of his maister ^eldit, and the
word said, merci is aucht him be resoun. For war it
nocht his will to save in t)rme, he had nocht tane fayth 30
of him. And the law canoun sais. Sen it plesit him
anys, it suld nocht disples him efterwart, but new cans,
Quia quod semel placuit, amplius displicere non debet
And thus he dois him wrang, and he sla him efter that
he be ^eldit And 3it ane othir mare stark resoun is 35

THE BUKE OF THE LAW OF ARMYS 121

for the decreis sais that gif a man vencus ane othir, he
suld forgeve him as he wald be forgevin. And than
wrangis he him to sla him efter. And alssua, bathe
the law of God, and man, and theology sais that gif
5 the duk of the bataill be tane, he suld have merci and
grace, bot gif it war sa that men war seker be him to Noia.
have mare stark were, nabut him. And be this caus,
the gude King Charles of Naples gert put to dede a
chiflane callit Corradin, and gert strike of his hede, be

ID caus he wist wele, and he had scapit, he wald nocht
have cessit to mak him starkare were than before.
And that he gert do be law of armes, and sentence in
judgement. For all the counsale said halely, that als
lang as he lyvit the were suld never end ; na never suld

15 be gude pes in the realme of Naples. For certaynly,
fra a man be tane, he that takis him may, be the law
civile, do as him lykis with him.

nv.

HERE speris the doctour gif that a man be tane Capitoinm
prisonare, quhethir suld he hald prisoun with him that

20 takis him, or with the lord that payis him wage, that is
to say, gif he war a grete prisonare, as a chef of weris.
To the quhilk questioun he argewis thus, sayand as
before that fra a prisounare be tane, the takare may
do with him quhat ever him lykis, be the law civile.

25 And sa, be that resoun, the takare that is sowdioure,
sulde kepe him prisonare. The quhilk resoun nocht
gaynstandand, it is haldin be the lawis of armes, and
the custumes of the weris, that the lord that payis the
wagis, suld have all the grete prisonaris at his dis-

30 posicioun. As be the decreis, sayand that, sen thai
ar at his wagis and costis, all suld be at his will —
prisonaris and pillagis, to part at his will, quhare him
best thinkis worthy. And suppos ony wald say the
contrair, thai may nocht sustene it be na lawis wrytyn.

35 For gif it mycht be sa that a gude prisonare sulde be

122 THE BUKE OF THE LAW OF ARMYS

the takaris, he suld than have als wele a gude castell,
or gude wallit toun, or lordschip that he mycht per cas
wyn; and rycht sa ane othir chifhine, and sa war the
lordis wynnyng rycht small at the last, gif ilkane suld
have all that he wynnis. Quharfore, the law has or- .5
danyt that the lord that payis the wagis suld have the
conquestis halely at his will, and disposicioun, to geve
and depart at his list. For it that he wynnis he wynnis
with his awin force, na throu his awin prudence, na
wit, na costis. 10

Capituiuin T-JERE speHs the doctour quhethir the vassallis suld

XV

pas to the weris on thair awin cost, or on thair lordis
cost. And to ansuere to this poynt, we mon first wit
how mony poyntis contenis the ath of feautee; the
quhilk, efter the decreis, contenis sex poyntis, be bathe 15
civile and canoun law. Of the quhilkis sex poyntis,
the first is — that he sail never be quhare scathe is done
to his lordis persone. The secund poynt : that he sail
never be at scathe of his secretis, na his commande-
mentis, of the quhilkis his lord haldis him seure. The 20
thrid : that he sail nocht be at his scathe of his justice,
na of othir thing that pertenis till his honoure, na his
FoL 36. honestee. The ferde : he sueris that, gif thare be ony
thing that his lord has ado, that ethe and lichtly may
be done, he sail nocht hynder it, na ger it be lettit, 25
or to be done with gretter cost or deficultee. The
fyft: that he sail nocht be at his scathe of his moble
gudis, na heritagis. The sext is, that he sail nocht
mak of possible thing inpossible; that is to say, that
gif thare be ony thing pertenand till his lord that may 30
be possible to be done, he sail nocht trait it to be im-
possible till him at his powar. Than thus the vassall
sueris that he sail nocht mak it that is eith, and esy to
be done, he sail nocht mak it to be done with mare
diflicultee, or to mak it inpossible to be done; bot to 35

THE BUKE OF THE LAW OF ARMYS 1 23

mak were, but his vassallis, or but thair help, it is bathe
with gretare deficultee, and to do it sa wele as with
thame it is unpossible to thair lord. And tharfore, and
he mak nocht were with his lord, he is manesuome,
5 for his lord, but men, is bot a persone. Alssua, God
sais in his Ewangele that he that is nocht with him
is agaynis him ; and he that gaderis nocht with him
scaylis. And thus, gif the vassallis be nocht with thair
lord, thai ar agaynis him, and scailis his gudis. Alssua,

10 gif the vassall will nocht ga with his lord but his wagis,
quhat is his lorde, than, mare behaldin till him na till
ane othir sowdioure? And as to that, as men may
argu, suppos a vassall suld pas with his lorde, on his
awin cost; suppos the caus be rychtwis, ^it gude faith

15 wald that he had sum knaulage of sonde of wage, but
gif it war, be the custume of the contreis, that the vais-
sallis war sa custumyt, or oblist be certayn condicionis
or acordancis of othir t3rmes, and this is the opynioun
of oure doctouris. And this is the resoun for quhy,

20 quhethir that it be pes or were, the lordis takis thair
rentis and fermes of thair men and thair tenandis.
And than suld he lyve apon thai rentis, and defend
his landis and possessionis, and pay his wageouris with
his malis and rentis. Bot ^it will we nocht say, na gif

25 the king had nede to have help to defend his realme
for the common prouffit of the contree, and the de-
fence of his placis, and his persone, na all men suld
help him, gif he had nede, and had nocht sufficiandly
to mak were with. Bot suppos the king wald sett him Nou,

30 to mak were apon a lord of his awin contree, quhethir
it war rycht or wrang his men suld nocht be behaldin
to help him on thaire awin cost. For defence of the
kingis persoun, and his landis, and placis, and of the
commoun prouffit of the realme is fer mare privilegit

35 na is ony rychtwis querele of pursuyng, or were mak-
ing till his awin legis. Bot natheles, gif it hapnyt that

124 THE BUKE OF THE LAW OF ARMYS

him behovit tak help of his legis, he sulde kepe him
wele that he tuke that help sa curtaisly that it war
nouthir disherisoun, na herischip to thame, na for to
rich him self, na to lay in tresour. For gif he wald sa
do, he wald be condampnyt be the grete Juge, the 5
quhilk is Juge to kingis. And tharfore gif he will be
Goddis frende, and lufe wele his awin saule, he suld
lyve on his awin rentis, and mak tharof his costis on
his weris. And gif thare be ony of his counsale that
gevis him counsale to mak weris, and to put up taillies 10
and tyrranyes apon his legis, he suld nocht here him,
bot hald him as ane unworthy and fals counsailoure,
and for his inymy mortall, for he wald ger him tyne
the hertis of his peple, and slake fra him the grete lufe
that his folk has to thair king. And this is the doc- 15
tryne that the noble philosophour Arestotil gave to
King Alexander the Grete in the buke that men callis
the Secrete of Secretis. And be caus, in sum othir
party of this buke, I think to speke mare of this mater,
tharfore I pas mare lichtly at this tyme. 20

Noca. U ERE speris the doctour quhethir ony lordis men ar

CapitnhuD behaldyn to help thair lorde agayne thair king ; as gif the
King of Spayn3e wald mak were agaynis a baroun of his
realme that is his subject and haldis his land of him, the
quhilk baroun chargis his men to rys and mak were with 25
him agayne his king, or that thai help him till his weris
nuiking. To the quhilk he ansueris, sayand, that thai
suld help him agaynis thair king and that thai do na
roys in that agaynis thair king. Forthy that, suppos the
baroun be the kingis man, the barounis men ar nocht 30
men to the king; for men sais, he that is man to my
man, suld he nocht als be my man. And 3it mare stark
resoun; quhen the baroun makis homage to the king,
he makis nane homage for his men to the king, bot for
his awin persone. Alssua quhen the man makis homage 35

«n-

THE BUKE OF THE LAW OF ARMYS 1 25

to the baroun or othir lord, he sueris to be with him
aga)niis all persone that iritiy dee and lyve, and thare
makis he nane excepcioun of the king : and than war it
lyke thing that the man sulde be with his lord agaynis
5 his king. And ^it mare ; be all resoun naturale a pure
man may alswele help him self with his gudis as a rich
man may with his grete gudis, quhy suld nocht, than,
the baroun help him selflf agayne his king, as the king
agayne him? and nocht than, that mony argumentis

lo may be maid in this mater, ^it haldis all oure doctouris
the contrair halely, and tharfore will we nocht lang plede
in the mater contrair ; for it is fundyn in the lawis that
it aw tobe, suppos men mak thir argumentis. Bot the
contrair opynioun is all verray suthe ; for quhen ever a

1 5 baroun risis to mak were on his king, or rebell him in
ony thing tocum agaynis him, he fallis in the crime of
lese mageste, and in the payne of it ; for we mon graunt
that the king is prince of all his realme, and lord of all
men and lordis. Quharfore the folk of his realme

2o misdois mekle to rys agaynis him. For quhen he risis
agaynis his king he is manesuome. And tharfore his
men suld nocht hald with him in his syn to manetene
him, na sustene him in his manesuering. For the law
in the decreis sais it is nocht gude help quhen ane

25 helpis ane othir to do syn. And quhen it is argewit
that the baroun is vassallis sueris to help his lord agayne
all men, than is he manesuome, to that may it be
ansuerd that certaynly he is nocht manesuome. For
the ath is understandin — ^gif be resoun it may be that

30 he help him ; for thare may nane ath b)nid a persone
to do thing that is feloun, na agaynis the lawe, as beris
witnes the decreis. And all this that we say of the
king we say of othir princis that ar princis in thair
awin contreis, hafand nane atour thame in soverayntee,

35 as is the Erie of Fois, the quhilk is Prince of Beam,
in the quhilk he has privilegis of Emperour; for men

126 THE BUKE OF THE LAW OF ARMYS

sais he haldis of na man, bot of God, and of the suerd.
Foi. 37. And forthy, gif he wald mak Vere agaynis his barounis,
the barounis men suld nocht be haldyn to help thame
agaynis the Erie of Fois, for he is thair soverane lord
and prince.

XVlj

Capitnium TJERE speris the autour, gif twa barounis has were
agayn othir, and alsa the king has were in othir kynde,
quhethir suld thir barounis men help ilkane thair awin
lord in his weris, or help thair king, and he requere
thame; as gif twa barounis of Fraunce has were 10
togeder, and the King of France has were agaynis
the Inglis men, quhethir sail thai obeye to thair
king, or to thair lord. And as to that, it is said,
first, that it semys thai suld pas first to thair lord
baroun, ilkane, sen thai have suome till him, and 15
maid him the athe of fidelitee. Bot, as othir tymes,
we have said the contrair is the suth opynioun. For
be all oure doctouris, the vassallis ar behaldyn to
obey to thair soverane lorde, prince, and king, and
leve thair lord baroun, be mony and gude resounis. 20
And first, be caus for the kingis weris has regarde to
the commoun proufiit of all the realme, quhilk is
mare to be sene to, na the singlare prouffit of the
baroun. Ane othir resoun : for the vassallis ar behaldyn
to thair baroun in speciale jurisdiccioun modifyit, and 25
to the king in generale, the quhilk is autorijit, with
grete, and hye, and rycht mychti jurisdiccioun abune
of soverayntee, abune the small jurisdictioun of the
baroun. The thrid resoun is : for quhen, in the pres-
ence of a small officer, cummys the grete officer of 30
the prince, the autoritee of the grete officer ryale slokis
as than, and gerris cess the autoritee of the smallare
officer. And sa the mandement of the king cessis the
barounis mandement.

THE BUKE OF THE LAW OF ARMYS 127

I-IERE makis the autour a questioun, quhethir gif Capituium
I aw lefully to help my hychtbour in armes, gif ony
wald sett to sla him; as gif I, passand the way
enarmyt, fyndis men quhilkis wald sla my nychtbour,
5 may I lefully defend him or nocht? And alssua, gif
he profferis me of his gudis to help him ? The quhilk
I will preve that I aw to help him, but silver, for the
law in the decreis sais. Qui injuriam proximi non
impedit, similis est ei qui facit That is to say, quha

lo lettis nocht the injure of his nychboure is lyke to him
that dois it And ^it mare, the law sais. Qui potest
hominem salvum facere, et non vult, ipsum occidit.
That is, quha may sauf a mannis lyf and dois nocht,
he slais him. And as to the ansuere of this, I may

15 wele tak silver and wagis to sauf a man fra perilis,
or to kepe him in his reddour. Bot to say the lele
lautee, I am nocht behaldin to put my body in perile
of dede for my nychtbour, bot gif I will of gude
will, bot gyf it be that I have tane his feis tharfore.

20 For be the lawe of nature, and be the Ewangele, I
aw to do for him in my word and gude will at all
my powere ; and to do nathing till him, bot that I wald
war done to me, nocht puttand my self in fede na
perile for him, bot gif me lest of gude will, but fee

25 or wage; and thus haldis the doctouris.

HERE speris the doctour, quhat persounis ar behald3m Capituium
xix.

for to defend iikane othir of dett. In the first, he sais
that the vassall is behaldin to defend his lordis persone,
and he be in present place quhare men wald do him
30 suppris. The quhilk gif he dois nocht furthwith, quhen
he fyndis him in perile, but ony condicioun or asking
of fee, or of wagis, he tynis all that he haldis of his
lord in fee or heretage.

(Capituliun

XX. J

128 THE BUKE OF THE LAW OF ARMYS

A LSSUA the bonde is behaldyn to defend his lord gif
ony wald ourset him or wrang him, or do him injure or
vilany in his persoun, but ony payment of wage, na leve
asking at ony man, be the wrytyn lawis.

[Capitulum
xxi.]

A LSSUA the sone is behaldin to defend the fader, but 5
leve of lord na court, na of ony erdly persone, gif ony
wald sett to do him offence, injure, na vilany in ony
wis. And that aw the sone to do to the fader, bathe
be lawis of God and of man, be law of nature and of
the wangel, and be all lawis wryttin and unwrittin, bathe 10
of civile and canoun.

[Capitulum
xxii. ]

UERE makis the Autour a questioun, quhethir a man
aw erar to help his fader, or his lord naturale : as gif
the King of Fraunce gevis a castell to the Erie of
Perygortis sone, the quhilk for this castell makis homage 15
to the King. Hapnis efter, be aventure, that the King
and the Erie of Perygort has were togeder. The King
sendis to the said lord, that he cum to his service, as
he is oblist till his lord. His fader on the tothir party,
sendis him mandement, under all the hyest payne and 20
charge that he may commytt agaynis him, that he cum
to his service. Than here lyis the questioun, to quham
he sail pas. And first and formest, men haldis that he
suld ga till his fader be mony resounis. The first is
that manyfest thing and clere, is that the sone suld help 25
the fader, as said is be all lawis writtin and unwrittin,
and be lawe of nature, that is hede of all lawis, na may
never vary na change for na law, and it, that he is
behaldyn till his lorde, is bot variable thing and cor-
ruptibil, the quhilk is nocht sa stark band as is the law 30
of nature. Bot nochtwithstanding all thir resounis, oure
lawis haldis the opynioun contraire ; and that the fader
suld help his lord agayn his sone, and the sone agayn
the fader. And the resoun is, for suppos the sone be.

V

THE BUKE OF THE LAW OF ARMYS 1 29

be law of nature oblist to help the fader, nevertheles
the fader is haldin, and the sone bathe, to help thair
lorde that thai have ath and sacrament till, ilkane agayn
othir, and thai be requerit. For thai may nocht brek
5 thair ath, bot gyf thai brek the commandement of God,
and the lautee of his corps, for the quhilk brekand he
war dishonourit and condampnyt till hell. Item, ane
othu- resoun for, and ane othir tenand held the samyn
land that the sone haldis, that man walde be with the

10 lord, and sa, but fault, the lord suld tyne his man.
And jit mare, gif the sone helpit the fader agayn the
lord, than suld the lordis awin gudis mak were apon
him self. The quhilk war nocht wele sittand, that I
suld mak a man lord of landis to warray ray self of

1 5 myn awin gudis. And jit natheles thare is mony stark
resoun for the tothir part, as the law of nature with the
commandement of God, that is, Honora patrem et
matrem. And with that is thare grete habundant
resounis, as we rede in scripture that the fader and the

20 sone ar repute junct persounis, that is to say, bot a
persone. And alssua be the lawis of nature thare suld
na persoun hate his awin propre flesch na his blude.
And tharfore in veritee me think that the sone suld
help the fader nocht gaynstandand all the tothir

25 resounis, sa that the sone traist fermely that his fader
have verray rycht. And gif men wald saye he mycht
nocht help him, bot gif he commyttit the vice of ingrati-
tude agaynis his naturale lord of the fee, and than his
fader may disheris him on the tothir part. For he

30 comm)rttis agaynis him mare cruelly the vice of ingrati-
tude, and that may he do be the law civile and als be foI. 38.
law canoun. For gif a man wald mak ane ath that he
suld nocht help his fader, quhethir suld that ath be
kepit or nocht ? Trewly I traist it aw nocht tobe kepit,

35 as beris witnes a decretale. For all ath agaynis gude
faith, gude custumes, and gude thewis, or agayn the

I

zxiii.]

130 THE BUKE OF THE LAW OF ARMYS

bidding of God and our all kyndelynes of nature ar
nocht tobe kepit For suppos he haffe ath till his
lorde, that ath byndis him nocht agayn his fader, sen
he has ath naturale and camale till his fader, bath be
Goddis law and mannis. 5

[Capituium UERE spcris the Doctour gif a clerk suld erar help

■••Till 1 A A ^ ^ ^

his fader in his weris, na his bischop, gif he had wens,
and ilkane of thame requiris him. To the quhilkis he
ansueris, that be all oure doctouris, he suld erar help his
bischop. For nocht gaynstandand that the band of 10
nature is stark, 3it is the band spirituall betuix man and
his fader spirituale mare stark na the temporale band
betuix him and his fader, and byndis mare strenthily na
temporale or camale bandis. For gif the tane be fader
to the body camale, the tothir is fader to the saule 15
spirituale that is mare noble but comparisoun. To
quham all the dyocy suld geve treuth and ferm credence
— till his preching, and teching of the faith, as gif a
commandement cum fra a bailee or a scheref till a lord,
and syne efter cinn ane othir fra the soverane lord, he 20
suld be first obeyit, and the tothir left. And here atour
^it, gif a man haldis benefice of the kirk to defend the
kirk and the kirk rychtis, how suld he ask leve at his
fader? And tharfore we suld nocht mak dout na he
suld help first his bischop. Alssua we rede in oure 25
lawis, that gif a clerk has a benefice in a kirk, and gevis
counsale agayne the previlegies or fredomes of that kirk,
he tynys his benefice. And rycht sa; gif I help nocht
my propre bischop, I am agaynis him. Quia qui non
est mecum contra me est ; for oure lord sais Quha that 30
is nocht with me is agaynis me. Bot ^it nochtgayn-
standand all thir resonis, I say for me that he aw with
all his hert and all his powar, help his fader first,
kepand his ordres, and his part to the kirk, in othir
thingis, efter the order, office, and estate that he is 35

THE BUKE OF THE LAW OF ARMYS 13I

ordanyt till, bot gif it war allanerly to the socouring of
the cristyn faith, in quhilk cas I say nocht na he sulde
put all in amitie for the faith bath to leve fader, moder,
and all his kyn, and abandon all his gudis, lyf, and
5 body to sauf the cristyn faith of Jhesu Crist oure
Salviour, For sa suld he himself and all gude cristyn
man ; and spare nocht to the dede to tak marterdome
gif it cum till hand. And as to this poynt, thare is a
decree that confortis this mater gretely, the quhilk sais

10 that a man in tyme of nede is mare behaldin to his
camale fader na till his spirituale fader, that is in the
temporale and carnal help corporale, first and formast
and erast, bot till his spirituale fader he is behaldin first in
hye honour, reverence, and obedience anent the poyntis

15 of the faith. And sen we speke here in this present
buke, of bataill and of the help corporale, I say that
a clerk is first and mare behaldin till his camale fader,
na till his spirituale — his bischop etc.

HERE speris the doctour gif a man may for his tern- [Capituium
xxiv 1

20 porale gudis rychtwisly conquest mak defensable were.
To the quhilk I ansuere 30W thus that thare is na were
that men may laufully dififend the gudis that thai have
lawfully wonyn, and conquest. And that opynioun
approvis all lawis, and all oure doctouris in civile and

25 canoun, and with that all gude resoun till it accordis,
doutles.

J-JOT ane othir questioun mare stark is efter movit, [Capituium
that is quhethir, gif a man may lefuUy mak were diffens- *^
able, to diffend gudis wrangwisly conquest, or to re-
30 cover thame agayn, gif thai war tynt, that war nocht
rychtwisly conquest, na detfully possessit; to the
quhilkis it apperis, as be the first resoun of law, that
it aw not tobe, na may nocht, be law, be done. For
the lawis sais that men may mak were to kepe thar

132 THE BUKE OF THE LAW OF ARMVS

awin rycht, bot nocht to manetene wrang. Bot as to
that, gif my fader had conquest landis, castellis, or
wallit townis wrangwisly, and efter his decess, I enterit
in possessioun tharof, nocht wittand of his wrangwis
title, treuly myn ignoraunce sail save my conscience 5
and hald me excusit. Bot and I conquest it my self,
or that I wist that the title of his conquest war nocht
rychtwis, I suld be haldin to manetene that querele.
And gif it befell that ane othir that had na rycht wald
sett to conquest it apon me, certaynly I may rycht- 10
wisly defend it be were. Bot, and he that it appertenyt
to of rycht, had conquest it fra me, trewly I, knawand
his rycht, aw nocht to mak defens, tharfore na othir
were. Item, ane othir poynt is that gif I have a thing
wrangwisly, and the propre lord that aw it tak it fra 15
me forsablye, I may in that chaudecole, tak it agayn,
quhill the rycht war knawin. Bot, and I byde quhill
I be culit, I may nocht do it, but ordour of just lawe,
Suppos that gude war nouthir tane be violence, fors,
na reft, I may nocht tak it agayne, na mak na were 20
tharfore, be resoun gif I oursytt ony quhile, bot gif I
procede be ordre of lawe; and nocht gaynstandand
that syndry doctouris haldis syndry opyniounis, I traist
treuly that this opynioun that I have said is suth.
Bot jit have we ane othir resoun, the quhilk is full 25
rychtwis, of this mater ; for gif a man had derobbit me
of my decrej, and me thocht that justice war wayke,
or favourable, or othir wayis untraist to recover resoun
at thair handis, and I mycht tak it fra him that tuke it
fra me, or ony othir on myn awin autoritee, or alsmekle 30
of his gudis as it war worth, and that be all the gude
opyniounis of all oure doctouris, na as anent God my
conscience sail nocht be chargit tharewith. Bot thare
is ane othir maner of possessiounis, that ar callit pre-
caris, that cummys for request, or lordis gevin for 35
thair tyrae, or thair will endurand; the quhilk, quhen

THE BUKE OF THE LAW OF ARMYS 1 33

the terme cummys, the landis retouris agajme to the
lord. As gif I had lent to the provest of Paris my
hous to duell in for certayne tyme, and at the tennes
end, he wald nocht delyver the hous at my request, I
5 mycht laufully, gif I war of power, forsabily put him
out, but clame, or chalaunce of lawe. For quhen he
refusis to delyver me my possessioun, in samekle he
despoilis me. And nocht forthy, the doctouris makis
grete questionis, and haldis syndry opyniounis in this

lo thing, and specialy men of Kirk. For it hapnis oft
that men takis landis be force or housis of lang termes,
and syne makis transport of thame, and puttis tham in
othir menis handis, and that is a were, quhethir the
lord may mak were on him that is enterit under a

15 maner of a coloure of rycht fra him that maid the force

and violence of the first taking, and conquest it fra Foi. 39.
him be force of armes. Thare is a were apon the
quhilk the doctour makis a difference, quhethir the last
wist of the violence of the first takare. And it be sa,

20 treuly he is behaldin, and he may to recover it agayne
out of his handis, Quia licitum est vim vi repellere.
For all lawis levis men to defend force be force, etc., Nou.
and to tak it be force of armes, gif he may, and put
him self agayn in his possessionis, nochtgaynstanding

25 his transport. Bot, and he that takis the possessioun
be force and violence lyis lang in that possessioun,
and syne makis a transport, than semys it to men of
lawe that he suld be pledit out be forme of lawe, Bot
myn opynioun is trewly that he may mak were on him,

30 and put him out be force of armes.

HERE speris the doctour quhethir, gif a preste or a (Capituium

clerk may be force of armes defend his temporale gudis,

as we call patrymonye, or the corne of his grangeis, or

the wjme of his sellaris, quhethir he war irregulare or

35 nocht, to defend him be armes. And first I ansuere

134 THE BUKE OF THE LAW OF ARMYS

that he may do it and nocht be irr^ulare; for quhy,
he that wald tak fra a clerk his lyfing he takis fra him
his lyf. Bot clere thing is that quha wald tak the lyf
fra clerk or chaplayne, thai may be law defend thame
be armes and nocht be irregularis, ergo, etc. And jit 5
mare stark resoun ; it is bath rycht and honest, and of
gude conscience, to oppos a man and gaynsay all injure
or violence unlauchfully usurpit, nocht detfully done,
bot condampnyt for syn, as ar thift, ref, or sik thingis.
Quharefore suld nocht a preste resist to sik thing, and lo
nocht tharfore incurr the crime of irr^ularitee, gif ony
wald ourthraw him, or deroub him wrangwisly in his
just, lefull, and honest defens. As belangand the
ansuere of this thing, the doctour makis a distinctioun ;
thus sayand that gif a thef wald reve a chaplane his 15
mantill, and the chaplayne wist wele or dowtit that
the thef, but mare help, mycht do it, or ellis him
behufit to sla him, And that the preste had lever sla
him na leve him the mantill, I traist thus, trewly, that
he suld be irregulare. Bot and the chaplayn war fer 20
fra ony herbry, and it war sa grete calde or weder that
he doutit that, but his mantill, he wald dee, and as than
coud nane othir remede sett in his lyf, and coud nane
othir way escape fra the thef, but prejudice of his
awin lyf, bot to sla him, trewly in this I traist the 25
chaplayne is nocht irregulare. And as in the thing
the were standis betuix nede, force, and wilfulness, of
the quhilkis the tane is excusit anent God, and the
tothir nocht. Quia voluntas et propositum distingunt
maleficium, That is to say the will and the purpos in 30
mysdedis makis the man foule or clene. For treuly it
war better, quhen he tuke the mantill, leve him the
cote, with na to undo Goddis handywerk bot gif neces-
sitee forssit gert him do it agayne his gude will. And
in sik lyke cas, in all sik materis, I mak my differ- 35
ence and distinctionis betuix nede, fors, and wilfulnes.

k

THE BUKE OF THE LAW OF ARMVS 1 35

And be caus that kingis and princis makis na compt
of this mater, I will pas tnare schortly, and ane othir
tyme speke tharof.

HERE speris the doctour a questioun : quhethir [Capituium
xxvii.]

5 hames lent, and tynt in weris, suld be restont, and
recompensit agayne to the lennaris of it. And as to
that questioun, gif a knycht of Almayne had borowit fra
a Franche knycht hors and hames to pas till a bataill
with the King of Fraunce agaynis the Inglis men, and

lo the said knycht war tane presonare, and tynt all clerely,
quhethir he be behaldin to restore agayne the thing or
the valour. To the quhilk thing the doctouris ansueris,
that trewly he is nocht behaldin to restore agayne a
peny tharof, sen he did treuly all that he said to the

1 5 knycht quhen he maid him request. Bot had he done
ony barat, or subtilitee till have gert the tothir trow
that he wald have passit to the weris, and passit nocht,
bot past ane othir way, or maid othir way of change
or merchandice tharof, trewly he had bene haldin to

2o restore all agayne. And ^it wald sum men say it war
a poynt of thift.

HERE now speris the doctour gif hors and harnes [Cajntuium
xxviii.1

that is hyrit be tynt in bataill place, gif thai suld be
restorit agayne; as gif a knycht off France passis in

25 Spayne in pilgrimage to Sanct Jaques, and thare fyndis
the King of Spaigne redy to pas in bataill on his iny-
myes ; the Franche knycht takis in grete curage to pas to
the bataill with the noble King, and has na hames, nor
nane habilliament for bataill, bot passis till a marchand

30 of hors and harnes, and hyris at him alsmony as may
suffice him to this day ; and hapnys, be cas of fortune,
the knycht is tane prisonare, and all tynt, bathe
hors, hames, and other habilliament: quhethir gif the
marchand salbe payit of his hors, and othir peny-

136 THE BUKE OF THE LAW OF ARMYS

worthis. To the quhilkis the doctour ansueris, that
certaynly he aw to have na payment, hot anerly his
hyre for the quhilkis the hors and gere was hyrit, bot
gif thare had bene othir condicionis and appoyntmentis
maid betuix thame. And all this is approvit bathe be 5
the lawis civile and canoun.

[Capitulum
xxix.]

J^ ERE speris the Autour a questioun : gif a knycht
passand his lordis erandis be derobbit and distrussit,
quhethir sail the knycht, or his lorde and maister, have
actioun of justice agaynis the doaris, as, thus; gif a lord 10
that has wens on hand sendis ane of his knychtis in a
place tobe kepit, and givis him na wagis with him, na
makis nane othir accordance with him, and in his way,
he fyndis revaris that takis fra him all that he has
forsabily. The questioun than is — quhethir the lord that 1 5
sendis him, or the knycht sail mak the clame in juge-
ment, to folow the party that is reft. The ansuere is
that the knycht may mak clame to the party that reft
him be way of accioun of thift. And als he may
demaund his scathis at the lord, be way of accioun of 20
dett. Bot gif it hapnys him to recover his harnes at
the thefts hand, he mon deliver all that accioun till his
lord, gif he will have his scathis hale maid be the said
lord ; for he may nocht tak payment in twa placis na
have twa dettouris of a thing. And, be the accioun 25
that he has to the thefts, the said lorde may recover on
his behalf his scathis ; and thus sail the lord be herd in
jugement on the knychtis rycht, etc

[Capitulum

XXX.]

J-J ERE speris the autour quhethir gif a man passis to
the weris, unrequerit be the lord, or ony on his behalf, 30,
quhethir gif he sail be payit of his wagis or nocht ; as
gif a baroun has were with ane othir, and sa curamis a
knycht of aventure, of his gentris. And curtaisly, but
ony request, cummys to his socours, and till his help.

%^

THE BUKE OF THE LAW OF ARMYS 1 37

The questioun than is, gif he servis him in his weris,
and but ony condicioun, bot put him in his gentris to
pay him or nocht pay him, quhethir gif he may ask him
payment, or nocht. And first I sail preve 30W that he
5 aw nocht to ask him wagis. For be the lawis, he that

will pay mare na he aw, it is na payment. It is gift, Foi. 4°-
and gif he be nocht behaldin na oblist till him, it is
lyke as he come of purpos to serve for noucht. Bot jit
nongaynstanding thir argumentis, I trow trewly that gif

10 he be nocht of his ligne, or that he be of sik mycht that
he will do it for cheritee, or pitee, traistand that he is
ourset wrangwisly, he may graciously ask his wagis,
courtaisly to sustene his estate, and for to lyve honestly,
but repruf. For the law sais, Nemo stipendiis propriis

15 teneter militare, and it suld suffice him that the knycht
has, of his gentris, done him gude service, till his
honour and prouffit. For gif he had done it for caus of
lygnage and cheritee, or othir speciale caus of nereness,
he mycht nocht ask him wagis.

20 T-IERE speris the doctour a mare stark questioun: [Capituium

• • • • • XXX1.1

quhethir gif a knycht servis a king in his weris agajm
his will, gif he aw till ask him wagis, or nocht;
as gif the King of Fraunce makis weris agaynis the
Almaynis and Inglis men, and hapnys to cum a knycht

25 of Ostreche, the quhilk is in nathing to the King of
Fraunce behaldin, bot cummys of his awin propre
movement to serve the King of Fraunce, and to help
him in his weris, and nevertheles the King sais he settis
nocht by him, na gevis na fors of his help, bot refusis

30 him in all maner of wis, and nocht forthy he wald
nocht leve to pas in his service in armes, and to help
him at his power, and in his dedis dois sa worthily that
all the Kingis party of Fraunce was the better of him,
for the grete vailliance of him. Than spere I, quhethir

35 he may ask his wagis or nocht. To the quhilk thare is

138 THE BUKE OF THE LAW OF ARMYS

mony divers opyniouns and argumentis. And first he
sais that he aw till have his wagis ; for the lawe sais in
a decree that men may geve a benefice till a man
agaynis his will, and jit nocht than, he is oblist in
kyndenes till him that gevis it till him. And jit mare 5
stark argument : a medicinare may geve hele till a man
that askis it nocht, na will nocht of it, and jit the
medicinare suld geve it him, nocht gaynstandand his
contradictioun, gif he may ony wis. And jit he may
lawfully ask his payment, and ger him be payit of his 10
travaill. Alswele may we say of this lyke cas. Bot
nocht than, I will say all the contrary of this, and that
is all for caus of the contradictioun of the King, the
quhilk in the begynyng said that he wald nocht of his
service, and this opynioun may be provit be law civile. 15

[Capiiuium U ERE speris the doctour a grete questioun : that is
to say, gif the King of Spaigne sendis socouris to the
King of Fraunce, the quhilk othir tymes has send him
socouris in syk lyke cas; quhethir than may the
SpangnoUis ask wagis at the King of Fraunce ? As we 20
wald sett the cas, that the King of Fraunce has were
with the Almaynis, and the King of Spaigne, wittand
this, sendis but ony message, or request fra the King of
Fraunce, a grete ost of men, bot anerly for that he is
behaldin of othir tymes that the said King of Fraunce 25
has send him socouris, the quhilkis men of armes sends
him in his wens for certayn lang tyme — than quhethir
thai may lawfully ask him thair wagis. To the quhilk
questioun resoun naturale schawis us that it aw nocht
tobe. For be resoun naturale all man is behaldyn to 30
do gude for gude. And thus, gif I send thame for
satisfactioun and payment of are done dede and
service, I aw nocht to ask double payment. For sen
the accioun is naturale, it may nocht be tumyt in
accioun civile, be the writtin lawis. That is to say that 35

xxxii.]

THE BUKE OF THE LAW OF ARMYS 1 39

thai mycht ask payment for thair service, quhilk was
before tyme quytt.^ And now as to the ansuere of the FoI. 41.
first questioun : gif the King of Spaynjeis men mycht
ask wage at the King of Fraunce; a gude jurist wald
5 sustene grete querele, and grete argument tharapon.
Bot as be myn opynioun, it semys me that thare is
na resoun tharein, and sa is the opynioun of oure
doctouris. For gif the King of Fraunce had othir
tymes, of his propre motyf, seand the necessitee of

10 the King of Spayne, send him socouris on his awin
cost he mycht be accioun in jugement ask him, in his
necessitee, syk lyke socouris, on his cost. For a gude
dede requeris ane othir, as sais resoun naturale; img
bonte autre requiert. Trewly myn opynioun is that

15 he aw nocht be resoun to ask him syk lyke thing be
justice, na has na accioun resonable for him in juge-
ment. For gyf a knycht of the King of Francis hous
had gevyn a coursour to the Provost of Paris unaskit,
bot of his awin propre motyf and gude gree, trewly he

20 mycht nocht be jugement compell him to geve ane othir
syklyke hors. Bot ^it nocht than be naturale kyndenes
he is behaldin till him in ane als gude rewarde cummand
of curtasy and kyndenes, suppos it may nocht be clamyt
of dett And rycht sa say we of the Kingis of Fraunce

25 and of Spanje, that treuly suppos the King of Spaynje
send of his awin propre motyf socours of men on his
awin cost, he may nocht demaund him gudely his
mennis wagis, tharfore, bot of gude will and lyking.
Na 3it alssua the King of Fraunce mycht nocht have

30 accione agaynis the King of Spayne to compell him
to send him socours bot gif him lykit. For gif he, of
his pure and symple will and lyking, send him help
and socours, it standis agayne at his will and fredome
to quyte it him or nocht. Nochtforthy I say, that treuly

^ In the MS. the latter part of chapter xxxvi. is interpolated
here. See Notes.

140 THE BUKE OF THE LAW OF ARMYS

be all naturale equitee and kyndenes atour all civile
accioun, he is naturaly oblist till him in the lyke
courtasy, puis que ung bonte ung autre requiert per
obligacioun naturall, Sen a bountee askis ane othir be
obligacioun naturale. And sa gif the King of Spayn^e 5
agayne of his courtasy, his gentris, and his kyndenes
has send to the King of Fraunce of his awin propre
motyf socours in syklike cas, he dois bot his dett,
quytand the kyndenes of naturale equitee in the quhilk
he was behaldin. An sa he may nocht compell lo
him to pay his men wagis bot at his list. And had
he nocht send him socours and courtasy in siklyke
cas, treuly he is ay bundin and oblist till him be
naturale obligacioun ay quhill he have payit him, and
quytt hym kyndenesse. 15

iCaiMtuiuin J-\ ERE speris the doctour a stark questioun : gif a

xxxtii. 1 ■* A

proud man of armes passis to the were for vayncglorc,
quhethir may he, be the law of amies, ask wage or
nocht. As gif a lady in hir weddowhede has faire
landis and lordschippis, and is warraid with a hautane 20
knycht of Gascoyne. Sa cummys a glorious knycht of
Fraunce with a proud company, and settis him for to
defend this lady with all power, as he that wald be
glorifyit in armes, and callit worthy, provit, and hardy
in the manetenyng of the richtis of ladyes, and namely 25
of wedowis, and thare dois als worthily as hart wald
think. Quhethir, efter lang and gude service, he may
ask his wage or nocht. To the quhilk questioun I
ansuere 30W trewly, that he aw nocht till ask wagis.
For we can nocht fynd be na writtin la wis how he 30
mycht founde his peticioun to ask wage at the said
lady. For first he may nocht say that the lady send
for him na chargit him, na that he dois at hir com-
mandement or request ony thing for the quhilk scho
war dettour till him, na he may nocht found him apon 35

THE BUKE OF THE LAW OF ARMYS I4I

the accioun that he has done hir proffit na that he has
done his devoir wele and worschipfully in hir wens,
for he did nocht his dedis of honour at hir request, na
for hir sake, hot for his awin los. And sa did he his
5 awin sen-ice for his avancement principal}', before the
ladyes, and tobe renouned a worthy man of armes.
And that was his principale movement, and sa may he
rycht nocht ask fra the lady.

HERE s peris the doctour gif a capitane doand the iCapiiuhim
XXXIV.]

10 kingis bidding, tj-nis his gudis, quhethir he may lau-
fully ask thame at the king. As gif a capitane knycht
of Lumbardy cummys in Fraunce, as oft and mony
tymes, dois, and ledis with him fifty men of were, and
appo>Titis with the king of Fraunce for yj frankis for

15 ilke man in the moneth, for certayne tyme, and takis
his wage at the tresourer, and passis till his ordinaunce
quhare he is ordanyt tobe. And thare outhir he assailis
or he is assailit sa that he tynis his pannoun and his
haubergeoun, his platis and his actoun, and his othir

20 hameis ; and als his falouschip tynist hair curass and
thair capellins, thair leg hames, and thair arvalestres.
To the quhilkis the doctour ansueris schortly, that thai
may nocht be law ask nathing at the king, sen that he
has payit thame all that he promyttit thame, and thai

25 tuke thame to thair aventure; as men of were, thai mon
stand to thair fortune.

HERE speris the doctour gif a man of armes gais in [Capituium
XXXV 1

weris to pele and to rub gere, and to gader richess
anerly, quhethir he may ask wage at the prynce, as gif
30 the Marschall of Fraunce be the Kingis commandement
pass to Calais in the weris agaynis the inymyes of the
realme, and as he passis throu the contree of Berry,
or of Tourayne, thare semblys till his rout a company
of contree men unchargit, for entencioun to spoile, and

142 THE BUKE OF THE LAW OF ARMYS

gader gere and richess anerly, natheles, it befallis that
gude dedis of armes ar done and townis ar wonnyn,
in the quhilk conquest thai do thair devoir as otheris
dois : quhethir gif thai may, be law of armes, ask to-
be payit of thaire wagis for the tyme of thair service 5
or nocht. And as to this questioun, nochtgaynstand-
aud that sum men wald say that gude dede askis re-
warde, certaynly I say thai may be na law recover
wagis; for the filth of thair undertaking was in the
begynn)aig unhonest, unlefull, wrangwis and con- 10
dampn3rt. And be all lawis thare may na peticioun
be foundit quhare the foundement is unresonable, and
bathe unlefull and unhonest, and be all lawe con-
Foi. 42. dampnyt. Quhare he sais schortly that all sik men

war better away, na tobe with a prince in his weris for 15
thare folowis na grace.

[Capituium XJERE speris the doctour a questioun : quhethir gif
clerkis may pas in weris and bataillis lefully, off the
quhilkis the maisteris and doctouris makis grete spech.
To the quhilk questioun sais ane opynioun, that clerkis 20
may pas in armes and in weris defensable lefully ; that
is to say, for to defend. Quia omnia jura permittunt et
dicunt quod vim vi repellere licitum est. Nochtthan
thai hald nocht that thai suld here armes defensives
with armes invasives, till invade na man, bot to defend 25
allanerly. Bot ane othir opynioun haldis that thai may
us all armes, bathe armes invasives and defensives, that
is to say, bathe armouris, as platis, and maille, to kepe
thair corps, with armes invasives, as spere, suerd, ax,
and knyf, to defend the corps with, and to repell and 30
gayn stand force be force of armes and wapnis. For
quhilum to kepe and defend mannis gudis and his
corps, makand defence, him behovis to do his falowe

Foi. 40. offens.^ Ane othir opynioun is, that at the sending

^ Chapter xxxvi. closes here in MS. See Notes.

k

THE BUKE OF THE LAW OF ARMYS I43

for of the Pape, thai may do bathe the tane and the
tothir, for he is prince atour all Cristyn folk, and
specialy atour all clerkis in Cristyndome. Bot efter the
tothir op>'nioun, the bischopis and othir clerkis, the
5 quhilkis haldis erledomes, baronryis, and castellis under
fiQC of the king ar behaldyn to pas with him in his
bataillis. And thai may wele say to the kingis folk,
Takis, strikis, and inprisonys ! Bot thai may nocht say
Sla ! sla ! for than war thai irregularis. Now lat us se,

10 than, in this cas, gif the doctouris opynioun be suthe
that sais commonly that, gif a man of kirk be assailit,
he suld flee out of the felde, and leve the king. Than
suld we say that the bischop suld flee out of the felde,
and leve his king. Bot certaynly I say, nay, for he

15 suld understand that he aw to do all that he may
gudely but schame do; for we say that we may wele
and detfully do it that we may do. Bot it may nocht
be done wele and detfully, that he left his king. And
tharfore I say that a bischop aw erar sla his inymy

20 na flee.

HERE movis the doctour a stark questioun efter the (Capituium
* XXX Vl».]

lawis. And sett we the cas, that the Duk of Brytaigne
send gold in Almayne for to soulde men of armes, for
the space of ane jere, to kepe his contree. And he

25 makis accordaunce with a company, for certayne price,
for all the jere. And quhen he is souldit, the chyftane
takis his voyage out of Almayne, and cummys resonable
grete journeis towarde Britayne, day by day. Bot jit,
or he cum, the inymyes of the Duk has tane his contree,

30 and put it in subjectioun, and all destroyit it. And be
caus that the Duk seis that na remede may be sett as
than with sa few folk, he biddis him tume hame agayne
in his contree of Almayne. The quhilk chiftane sais,
rycht gladly walde he do that, sa that he war payit

35 of his wagis for a jere, for him and his menje, for on
that condicioun was he thare cummyn. Than here

144 THE BUKE OF THE LAW OF ARMYS

standis the were of law; quhethir he aw of lawe tobe
payit for all the jere, or anerly for the tyme that he
has servit him anerly. The quhilk I will prove that
he aw tobe payit for all the jere utterly. For the
law sais that, gif ane advocate in parlement of pape, 5
emperour, or king has begonne to do his office of a
^ere, he suld have all his ^eris wagis fuUely. And
rycht sa say we of ane advocate of party, gif he deis
in the ^ere of his service. Suppos the ^ere be nocht
all past, or bot begonnyn, his sail have his full feis lo
and salare. Rycht thus say we of testament, and
thingis left to men be testament For gif the King
of Fraunce had left to the Provest of Paris a thousand
3erely, till his wagis for ilke ^ere, for his lyf tyme,
suppos it happyn him to decess in myddis, or in the 15
first moneth of the jere, his servandis will have that
^eris wagis that thai ar enterit in ; etc. Now say we
sum thing for the tothir party, for be all resoun it suld
suffice to pay a man for his service maid, and nocht
tobe maid, sen the principale caus of the service tolpMS^ ^o
maid is faillit in nouthir of thair defaultis. And the
resoun quhy is this : sen he was feit and hyrit to defend
the contree, and the contree was all t)mt or he come,
than may he nocht defend. Sa cessis the caus of it self,
and be gude resoun, sa mon the actioun effective, cur 25
le contraire seroit inpossible, for the contrair war a
thing inpossible. And alsa law will nocht that a man
that is dispoilit wrangwisly of his gudis be vext in
jugement, quhill he be restorit. And for to say all
the ressounis for the ta part and the tothir, that mycht 30
be allegit in this mater, and in all othir questiounis
in this buke, it war a langsum process; and tharefore
Foi. 41. we leve sum part of oure resounis, to cum to the eflfect
of oure mater the soner. And as to the principale
ansuere, trewly me think that it mycht wele suffice 35
the capitane tobe content and payde of his wage for

THE BUKE OF THE LAW OF ARMYS I4S

the tyme that he had servit, and with his wagis alssa
of the tyme that he mycht be agayne in his contree.
And as langing the argumentis that I had maid, thai
ar nocht mekle contrair to this opynioun, for the casis
5 ar nocht lyke. For advocacy and service of princis
in office fra thai entre in the ^eris service thai sail
have, be custum privilegit, all that jeris service to the
ende, suppos thai dee in the ^ere. And as langand
gudis left in testament, that is left for the favour that

10 men has to the persounis. Bot wage is gevin anerly
for service gudely maid, or tobe maid gif it mycht be.
And sen it may nocht be, the payment cessis with the
impossibilitee of the service. For it war ane unreson-
able thing to pay for ane service that war inpossible

15 to be maid.

HERE speris the doctour, in quhat tyme the wagis [Capituiam
xxxvii>]

suld be payit to the souldiouris, quhilk, as I traist, be foI. 4a.
nocht declarit be na writin law. For sum haldis that
the wagis suld be payit till advocatis and procuratouris,

20 sergeantis and officeris, in the first entree, sum sais in
myddis of thair service, sum sais in thend. And, as
in this mater, all opyniouns by put, me think that we
suld mak distinctioun in thir persounagis, for thare is
sum men as men ofwere, that mon hors thame, arm

25 thame, and als habillije thame, with thair wagis; and
3it by thair lyfing with the remaynand, the quhilk is bathe
nedefull and spedefuU to be payit in the begynnyng, or
ellis thai mycht nocht mak service. Othir is thare,
that takis certane pensioun in the jere of a lord, and

30 takis thair lyfing at his court, and thair lyveree gownis
anys or twis in the jere, and nedis sik men tobe pa)rit
in the first begynnyng of thair entree? bot in the 3eris
end ? Nevertheles, gif thai have nede in the mene tyme,
I say nocht na thair lord suld have sum consideracioun,

35 and geve thaim sum part in the myd term, &c.

K

146 THE BUKE OF THE LAW OF ARMYS
(Capituium UERE speris the doctour: gif a man of were gais

xxxviii.] ■*■ ■*"

to play and disport him with leve of his constable for
certayne tyme, quhethir gif he aw to be pa)rit of his
wagis in the mene tyme. As gif a man of armes that
is payit for a 3ere of his wagis askis leve for a moneth 5
or mare to pas hame to his wyf and his bamis, to see
and visyte thame. Quhethir suld he be allowit of that
monethis wages, or tyne thame, sen he is fra the weris.
And as be resoun, it is sene that he aw nocht to have
thame. The resoun quhy is for sen the king pa3ris 10
his wagis to be servit in his weris, than gif a man gais
at his awin plesaunce till his disport, he aw to defalk
for the mene tyme, as efferis. For wagis ar nocht
ordanyt to be gevin to persounis nocht resident, as is
in distribucioun of wagis in collegis, is nocht gevin bot 15
to thame that resydis. Apon the tothir party it is
ansuerd thus, sen it is sa that the man of armes askit
leve at his lord and cheif to pas hame and vis)^e wyf
and bam is, and the lord gran tit it him for a moneth,
in samekle the lord did him grace to respyte him in 20
the mene tyme. For a servand that gais with his lordis
leve is respitit as resident quhill the terme of his leve
cum agayne. And tharfore as for me, I say, as all oure
doctouris and gude resoun schawis, that sen he was
feit and condicioun maid with him for the hale 3ere 25
at a tyme, the leve of that moneth devidis nocht the
wagis of the jere, sen he passit with leve ; na in his
condicioun of feyng was divisioun maid of his wageing,
bot in blok, and somme, for all the ^ere sik a somme,
he aw nocht to tyne his monethis wagis. Bot and be 30
had bene hyrit and wagit for every moneth severaly for
a certayne, quhill he war in his service in his weris,
I say treuly that nocht gaynstandand his leve, he suld
be payit of that monethis wagis that he was absent fra
his service. 35

THE BUKE OF THE LAW OF ARMYS 1 47

HERE speris the doctour a mare stark questioun : that (Capituium
X3CJC1JC 1

gif a knycht war feit with the king of Fraunce for
certane somme of gold for him, and certane nombre
of men of armes, for a jere, and payit of all his wagis
5 tharof; gif he wald syne ask leve at the king to pas
away in other contreis, or till ane othir lord, within
thre monethis efter; quhethir he aw to be allowit till
him his wagis of thai thre monethis, or nocht. As gif
a knycht had maid condicioun with the King of Fraunce

lo to serve him for a jere in his weris, and had well and
treuly servit him for thre moneth of that jere, and efter
fallis in his hert to pas of the contree, he askis his wagis
at the Kingis tresourer for thai thre monethis. The
tresourar sais, nay ; that he aw nocht to pay him for thai

15 thre monethis. For quhy, sen he had feit him for all
the hale jere, traistand to have his service for the tyme,
and mycht in the tyrae that he feit him have had otheris
at will and wale, of quhilkis he has gert the King be
misservit ; quharfore, he aw nocht to have bot the hale

20 ^eris wage, or nocht, sen he has brokin condicioun to
the King, the King is free of his clame. And to ansuere
schortly to this thing ; in this contract thare is bot ane
obligacioun for a 3eris service. And sen the knycht
in his default has lousit that obligacioun, the king is

25 free to geve him oucht, or nocht, at his lyking, for
mortifyit and adnullit is the condicioun but culp of the
king, the quhilk is foundit in gude resoun, and in law
wryttyn. For gif in sik like cas, a clerk had purchast Nota.
a benefice hafand cure of saulis, and, in his awin default,

30 wilfully, he had cuttit his awin tong, that he mycht
nouther preche, na teche, na syng messe, na service do
to God na haly kirk, it war bathe gude skill and resoun
that he tynt the benefice. And all thus say we of the
knycht, that aw to tyne all the 3eris fee. And 3it gif it

35 hapnyt him in his way passing tobe derokit and distursit
of his hors and harneis, and other habilliament, and

148 THE BUKE OF THE LAW OF ARMYS

wald cum agayn till his service, he suld nocht be
ressavit; for the evill end that he maid of his service
gerris him tyne the favouris that he had of before. For
the service is na worth that makis nocht a gude end.
And al thus the first gude dede mellit with the last evill 5
dede turnis bathe togeder in vice, &c

[Capituium J^ERE speris the doctour a questioun : quhethir, gif a
Foi. 43. ^^^ ^^ armes that is wagit with a lord for all the 3ere,
gif he may put ane othir in his stede, or nocht : as gif a
lord had feit a noble man of armes for a 3ere till his 10
service, and he had, be cas of aventure, hapnyt to be
nedefully send for to cum and se his awin place for
grete caus, he requeris the lord that he wald ressave in
his stede ane othir man worthy of armes, to serve for
him for the tyme tocum, in all forme and maner as he 15
suld do. The lord ansueris, nay; that he has chosyn
him for his [sic] and leautee, and

for his knawin manfulnes, and gude governaunce, and
that he will nocht tak in his stede a strangeare that he
knawis nocht. Than ansueris the souldioure, Certayne 2c
schir 36 do me all wrang, for be the lawis for resonable
excusacioun, and caus inevitable that nane othir may do
bot ray self, I am forsit to pas to my place, and be the
law I may put ane als worthy in ^our service as my self.
3e aw nocht to lett me, bot aw, be the law, to leve me 25
to pas : for sa am I counsailit be worthy men of the
toun. Item, ane othir resoun : quhen I was feit with
30W, I had nocht ado in my awin hous; and now sen
syne, a tyrane man is rysyn in the land, quhilk makis
me were to my place, and my men3e, the quhilk, bot I 30
remede, I am lyke to tyne up all, bathe wyf, bamis, and
men3e, land, lythe, and place. Quharfore sen I am, be
the lawe, maist behaldin to socour myn awin thing, me
think 3e suld nocht warne me leve, levand ane als
sufficiand in my stede to do all that I aw to do, and it 35

L

THE BUKE OF THE LAW OF ARMYS I49

is sa that the thjng belangis my self, and I am be
naturale resoun, and als be the ordre of cheritee mare
behaldyn to my self na till ony othir, the necessitee,
nature, and cheritee, lousis my band to 30W, nocht
5 brekand my leautee, be all lawis bathe of nature, of
God, and of man. Than ansueris the lord thus, Frend,
thou kennis and wate quhat condicioun thou has maid
to me and how straytely thou art oblist to me, the
quhilk thou has suome be thy lautee, and the faith thou

10 haldis of thy God, and thy Cristyndome, and to that
thing to be kepit thou has maid the grete athe. How
than may thou cum agayne thine athe, and thy lautee,
on thyne awin movement and autoritee? Alssua, thou
may kepe thyne athe, and nocht tyne thy saule, for athe

15 aganis saule hele is nocht tobe kepit, na for to do
dedely syn. Quharefore thou aw to kepe me thy con-
diciouns, and ath, and hecht. To the quhilk the
noble doctoure ansueris, sayand, that him thinkis that
the man of armys has all rycht, for sen his caus is nede-

20 full, and resonable, laufull, naturell, and cheri table, and
sen that he will sett for him ane als sufficient as him
self, the lord suld be content. Bot to lautee of the
lordis party, considerand the jurement of the man of
armes that may nocht lous his faith, but leve of his

25 lorde, and that he has a sufficient man of were, in
quham he traistis alsmekle as him selff, to kepe his
place, his men3e, and his gudis, the doctour concludis
that the man of armes sail byde and serve his lorde,
and send his campioun to the keping of his hous and

30 his gudis. And as to the resouns on bathe the partis, I
will no mare ansuere, bot levis thame to the heraris of
this buke to dispute as amang thame quhilk thaim think
of thir twa thingis suld have the maistry. For as for
me, me think the lord has the rycht, be caus of the

35 condicioun, and the athe byndis all, etc.

150 THE BUKE OF THE LAW OF ARMYS
[Capituium "HERE spcHs he : gif a capitane has maid his moustris

xli I

of his men before a prince or chiftayne, quhethir he may
lefully, efter the moustris, send away part of his men.
As we wald sett the cas, that a capitane of Lombardy
war ressavit in wagis with the king of Fraunce, and the 5
quhilk capitane obliss him to halde in his company to
the king a hunder men of armes. And quhen he cumys
to the moustris, he schawis thame all, and takis wagis
for thame, and gerris wryte thame in the constablis buke
that he is payit for a ^ere. And within a moneth efter, lo
he sendis hame part, he changis othir part, and brekis
his company subtily, that the king wate nocht, na the
constable. Than is the questioun : gif he may lefully,
but leve, send of his men that he has moustrit, and
feche othir, ande change and brek his company at his 15
list, but leve of the prince, or of his constable. To the
quhilk he ansueris that he may do it but leve of prince,
or ellis war it a hard thing. For it may suffice to the
king that he serve him with alsmony folk as he has
hecht him, that is to say ane hundreth men of armes 20
as he maid him condicioun; for be his condicioun he
namyt na man to his service, nouthir Johne, na Williame,
na othir name but annerly ane hundreth men of armes,
sufficient and competent. For oft tymes hapnys that
sum men of his company ar full of vicis, ryotous and 25
evill thewit, the quhilkis wald distrouble all the lave, the
quhilk war spedefuU for all partis that thai war removit.
Sum is dronkynsum, fere, and feloun, sum hichty, haut-
ayne, and presumptuous, sum stark theef, sum a grete
leare, sum full of othir vicis, sa that spedefuU war he 30
changit thame, and for the better, as he seis his avantage.
For be caus of the misgoverance of sik ane ungracious
creature, all a hale company may tak bathe scathe and
schame, the quhilk war the kingis scathe. For he takis
away a lurdan and puttis in a gude man, the king is the 35
better and all the company. For a king settis nocht by,

w

THE BUKE OF THE LAW OF ARMYS 15I

sa that he have his nombre, and of als gude. For he
may nocht knaw wele all the names of his men of were,
na specealy that he payis jerely wagis to, na may nocht
goveme ilke company specialy, him self, that is under
5 him. And tharfore commyttis he the governaunce of
every company till a speciale capitane that he traistis
in, and referris him to thair governaunce of particulare
companyis, and in generale, till him self and his con-
stable and marescallis, and other grete men. For sa

10 was battaillis wount in aide tymes to be govemyt : sum
governyt ten, sum L, sum ane hundreth, sum fyve hun-
dreth, sum a thousand, and syne ilkane of thai partic-
uler companyes ansuered to the prince, or to the duke
of the bataill, and sa was all wele governyt. And in

15 the samyn wys did oure lord Jhesus Criste. He makis
sum curatis, and vicaris of a kirk, sum persounis, sum
denys, sum archdenes, sum bischopis, sum archebis-
chopis, sum cardynalis, sum patriarchis, and him self
prince and govemour our all, and his apostolis in his

20 name, to preche and teche his lawis and his Cristyn
faith. And ilk ane to be till othir subordinate, and to
be all governyt in unitee, and sa suld all gude ost be
govemyt, and thus to the purpos, I say, sa that the
capitane do it nocht for subtiltee of decepcioun, of barate, Foi. 44.

25 I traist it may leffully be done. Bot sen he mycht have
leve of the king, or of his constable to do it, me think
it war better he did it with leve, for changeing of men
that wate the kingis secretis, and the secretis of his ost
may do grete scathe, gif thai for crabbitnes wald pas to

30 the kingis adversaris; and this opynioun may be wele
provit be oure doctouris in decreis. For the capitane,
suppos he be be the king and his counsale chosyn, sa
is nocht the company that he bringis, ilkane be thame
self, for thair wit na wisdome, bot as travaillouris, to

35 tak the payne and the travaill of the wens under the
obedience of thair ourmen, to mak service and bere

152 THE BUKE OF THE LAW OF ARMYS

armes, to defend and assaile as a labouroure, the quhilk
ane othir persoun, wele chosin, may suffice instede of
ane othir.

[Capitulum
xltL]

J-JERE speris the doctour: gif a man of armes be-
cummys seke in the weris, gif he suld be payit of his 5
wagis : as thus, gif a capitane pass with his folk before
Bayonne, en Bordela^, in Gyenne, and logis him in a
village quhare the contree folk for the despyte of thame
has enpoysound all thair wynis, and thaire brede, that
thai had left in that village, sa that the capitane and ic
his company, or thai war averrit tharof, thai war all
enpoysound, nocht to the dede, bot to lang sekenes for
a hale 3ere folowand ; than I spere, quhethir thai suld
be payit of that 3eris wagis. And but mare argument
or process, I trow treuly that thai aw to be payit, con- i f
siderand the cas, for as is usit amang the chanounis
prebendaris of Paris, that suppos he be seke he sail
nocht tyne his distribuciouns cotidianis, forthy sa
that he be wount in his hele, and in his lege poustee,
to be cotidiane at Goddis service, for sik distribu- 2Q
ciouns ar nocht gevin to nane bot to thame that ar
present at the service of God of all the houris, and the
hie mess dayly. For the doctouris sais that he that
is seke is repute present, for war thai nocht seke, thai |
war at the service. And als thai have the sekenes in 25
thair lordb service, that excusis thame. For war thai
hale thai wald serve with gude will, quhilk gude will,
be the lawe, is repute till a persone for gude dede.

[Capitulum
slut.]

^ERE speris the doctour, how the gudis suld be
departit that ar wonnyn in bataill, and in weris as thus, 30
it is to wit, first and formest, quhat persone it is that
has maid the conquest of the gude in armes be the
lawe civile, and in quhat kynd of weris that law of
armes in civile bukis takis place, the quhilk is subtile

THE BUKE OF THE LAW OF ARMYS 153

to understand ; for quhy, it suld be first wrttin, gif the
said weris be maid be commandement of a prince
hafand power and autoritee de juge, decern e, and com-
mand weris, as we have spokyn in the begynnyng of
5 oure present buke of the battaillis, and gif thai weris
be just and rychtwys or nocht. Bot suppos a baroun
mak rycht were of defence agayne ane othir baroun.
For ilke man in his awin defens makis rycht were, for
all lawis levis all maner of man, to defend him self,

10 and his gudis and landis. Bot suppos that baroun in Nota.
his rycht defens tak the tothir baroun prisounare, his
corps is nocht forffet till him forthy. Bot he may hald
his persoun quhill he cum to the presence of the
soverane king of the realme, and thare ask law and

15 justice of him that agayn the law has vext him. And
this is the opynioun of oure maistris the doclouris.
Bot gif the baroun that takis him haldis him in his
place, thare quhare he has bathe hye and law justice,
jurisdictioun, ande powar to do justice; in that cas, sen

20 he has fundyn him heryand his land, and slaand his
men, and derobband the contree, suppos he war a full
grete lord, he mycht ger his juge, shiref, or bailee do
justice on him, al war he mare grete maister or gretter
lord na him self that takis him and jugis him. And

25 suppos men wald argu this mater, sayand how mycht
he be bathe juge and party? Thareto I ansuere in
double wis : first for caus that, in defendand his landis :
he has tane him and presound him, sa than may he,
of his propre autoritee as lord of the jurisdictioun, he

30 may juge him be the privilege of dissensioun. Secundly
he may ger justify him be way of permissioun of justice,
be the autoritee of the law, be the quhilk he kepand,
and gerrand kepe him the termes of law, he may nocht
faile na mak fault in, sen law levis it to be done. For

35 in my defendant apon men that assailis me, I may do
to thame it that thai proposit to do to me, for that

154 1HE BUKE OF THE LAW OF ARMYS

is bot temporaunce of difFence, resonable, and wele
mesurit. Bot suppos we that he, that is the defendour,
have nouther land na jit jurisdictioun nere by quhare
he takis him. Quhethir gif he may enprisoun him.
To that I say, nay; for sen he has na prisoun nor na 5
jurisdictioun, he may nocht, but leve of the soverane,
enprisoun him thare. And gif he passis mesure in his
defend and, and usurpis, makand him to prisoun quhare
he has na power, usurpand apon othir lordis fredome,
and apon his king, to that oure doctouris sais, gif a lo
man be assailit in his hous or be the way, and he may
tak him, he may enprisoun him in the prisoun of the
kirk quhill he gett his gude agayne, and his scathis
hale, gif he ony has sustenyt; and suppos it war a
kirk ,man that tuke him, he mycht ger hald him in 15
prisoun quhill he war restorit, and na charge to folow
efter. Bot as till our purpos, of gudis wonnyn in the
weris; sum haldis opynioun that the gudis that ar
wonnyn in weris, mobleis, ar thairis that wynnis thame ;
othir sais, nay, sayand that thai suld present thame 20
to the duk of bataill, that is the constable, or the
princis depute quhat ever he be, and thare he suld
depart thai moble gudis to his menje, efter as him
thocht thai war of worthy nes. Bot as of gudis wonnyn
apon inymyes, bot ony questioun, ar thairis that W3mnis 25
thame, that is to say meubleis.

[Capituium "H ERE speris the autour a questioun : quhethir gif a

xliiii.l

man may lefully hald the gudis that he takis fra a thef
that has reft him, or wald have reft him be the way.
As thus ; I am in my travaill passand to Fraunce, and 30
metis in my way a thef, the quhilk wald reve me the
hors that I ryde on, and myn othir gere that is nedefull
to me, that I may nocht forga gudely, and I defend me
sa agayne that thef that I dyng him wele, and takis fra
him it that he wald have tane fra me, bathe hors, and 35

THE BUKE OF THE LAW OF ARMYS 155

othir gere. Than is this the questioun : quhethir I may
lefully hald this gudis that I tak fra him that wald have Foi. 45.
reft me. And be resoun me think that it suld be sa,
and the resoun quhy is for law levis all rychtwis defence
5 quhen it passis nocht the termes of the offens. As gif a
man wald geve me a nef strake, and I wald geve again
a strake with a suerd or a spere, that passis the termes
of the offens ; for gif he wald strike me with his hand,
and I strike him agayne with my neve, that is sum part

10 mare like to resoun. And, tharfore, gif the thef wald
reve my hors and my gere, and I tak fra him his hors
and his gere, me think I pas nocht the termes of resoun.
And suppos he raid on a better hors na I did, me think
I suld nocht leve him his hors ; for and I left him his

15 hors, he mycht, efter that I had tane his gere and
dongin him, he mycht pas, throu spede of hors, till his
falouschip, or frendschip, and semble mare company,
and cum and oursett me, and put me to nocht. And
tharfor treuly me think that all that I may gett apon

20 him, unslaand him, me think I suld tak fra him, and
never geve him a penyworth tharof. Bot as to this
mater, it is to wit that sik a cas as this is nocht a thing
that is privilegit as is rychtwis were; for in rychtwis
were all that a man may get of his faa is wele wonnyn.

25 Bot I spere at the, quhat rycht has a thef to tak my
gere or I his gere? I may lefully defend me fra his
evill, bot nocht lefully tak his gere, na he myn, but
dedely syn. Nevertheles I say nocht na it is lefull to
tak his gere, and his hors, and kepe thame quhill he be

30 quyte of his evill ; for all that is bot my defence. Bot I
am behaldyn to present thame to the lord of the justice
of that contree, and ask him law and resoun, and to
mend my scathe, and to hald me harmles of the thef
and his party.

156 THE BUKE OF THE LAW OF ARMYS

[Caoituium J-JERE spcris the doctour, quhethir twa citeis, the
quhilkis knawis thame nocht, haldand of na soverane
lorde, may mak were, the tane agayne the tothir — as
men wald say, Florence, or Pys, or Genuis, or Venys, or
syklyke. Than is the questioun, gif the gudis or landis 5
that ilkane wynnis on othir is rychtwisly wonnyn, and
of rycht may remayne with the wynnaris. And as the
first ansuere, me think it aw na may nocht be wele *
wonnyn, na wele, na lawfully haldyn. And the caus
quhy: for gudis may nocht be rychtwisly wonnyn in 10
were, bot gif the were be decrete of law, war decernit,
and jugit rycht wis quhare the gudis ar wonnyn. How
than may thai citeis that aw of rycht to be subjectes to
the Empire, suppos thai be be fors haldin fra his juris-
dictioun, how may thai, beand under subjectioun, juge 15
ony were to be rychtwis, sen it efferis the Emperour to
juge thame, and the inhabitantis of thame? Of the
quhilkis it is to be wele understandin the citeis that ar
in Lumbardy. For thai that be fors of power has lang
tyme occupyit jurisdictioun imperiale, and be prescrip- 20
cioun of tyme is past date, and is accustumyt to juge
the weris to be rychtwys or wrangwis, nochtgaynstand-
ing that thai war behaldin to kepe obedience to thair
soverane. 3^^ say I that the gudis that the tane wynnis
on the tothir is thairis that wynnis. And jit nocht 25
than prescripcioun agayn obedience pass never tyme,
for thare is a decreet that sais that the citee sulde be
wele puny St that revengis nocht hir burgeis suppresit, or
opprest wrangwisly. For suppos I be rebellour, nocht
rychtwisly, to my lord, jit may I lefully defend me 30
agayne othir that wald suppris me wrangwisly, and sa
may thai citeis ilk ane aganis othir. And tharfore in
default of soverane thai may juge were to be rychtwis or
nocht in thameself. And thus understand we the lawis
civile, and the decreis, and thus may a juge content, 35
and rychtwisly juge pes or were in thai citeis, suppos

THE BUKE OF THE LAW OF ARMYS 157

thai have na soverane to quham thai wey, bot anerly
God allane, the quhilk is soverane till all men. Bot
ane othir were of law is, Quhethir, gif the folk that ar
tane in sik weris be bondis to thame that takis thame,
5 or nocht. And as to that, the ancien lawis ordanyt that
quhasa war tane in sik weris, thai war slavis and bondis
to thair takaris, and mycht be sauld in the mercate be
thair takaris as cow or ox, or he mycht sla him gif he
lykit, or do ony othir thing with him that him list.

lo Bot now in thir weris gif a Cristyn man tak ane othir,
quhethir gif he may thus do, I say treuly, nay. For
thai aide lawis ar nocht now on days usit amang Cristyn
folk ; for it is nouther godlyke na manlyke to be done,
na to be tholit to sell a Cristyn creature that was boucht

15 out of thraldome be the precious blude of Jhesu Crist
oure lord soverane. And sen he has maid man free, he
suld thrill his brother.

HERE speris the doctour, gif a man, be the lawis [Capituium
xIti.]

that now is, may sla his prisounare at his awin will.

20 And as to that poynt, I traist that a man may in brethe
and hete, in felde quhen he hes a prisounare newly
tane, he may sla him at his awin will Bot quhen he
has tane him and led him hame, but new caus he aw
nocht to sla him, and gif he dois, he aw to ansuere

25 before God, and before the justice and the lord. For
quhy to sla in the felde of battaill it is permyttit be the
lawe, and be the lord of the bataill decretit ; bot out
of bataill nane has power bot the lord and the justice,
bot gif it be in defens. For the prince may move were

30 be law, and othir wayis slay be jugement ordinare.
Bot he that is now in prisoun and has maid nane othir
caus efterwart, suld nocht be law, be than put to dede
at the ire of his takaris. For the law sais that quhen
a man is in prisoun, than merci is aucht him be resoun,

35 and than quha hafand jurisdictioun slais a man but

158 THE BUKE OF THE LAW OF ARMYS

justice, tynis his jurisdictioun : Quia privilegium mere-
tur amittere qui promissa sibi abutitur potente. Never-
theles gif the prince thinkis that throu sik a man the
were wald be continewit, and the pes brok)m, it war
than spedefull that sik a man war put off for the better, 5
bot that may nocht do his takare, but grete caus new
maid.

[Capituium "LT ERE spcHs the doctour quhethir gif a man may be

xlvu.] ■*• ^

jugement ask gold or silver at his pnsonare for ran-
soun, or othir richess, to the quhilk I say, nay. For 10
the law sais, quhen a man is prisonare merci is aucht
him ; how suld he than pay ransoun ? For sen merci is
aucht him, it mon be payit him, for it war a wrang
merci to ger him pay ransoun. And nevertheles, suppos
Foi. 46. his maister unlefully ask him fynaunce, 3it may he 15
lefully pay fynaunce, but charge, to sauf his lyf and
his hele. And than sen it is unlefuU to be askit fin-
aunce, how may it be that, be the law of armes, men
suld tak fynaunce of thair prisonaris, and how may men
defend it laufuUy ? And tharfore as for the tothir part, 20
for the law writtin sais that quhen were is decemit and
jugit rychtwis betuix twa princis, all that a man may
wyn of his inymy is wele wonnyn; and of gude rycht
he may hald it. And tharfore, sen he haldis the per-
sone in his prisoun, and to lat him ga he may have 25
his gudis, quhy suld he nocht tak thame but blame
or repruf? Item, and a man had apon him in bataill
all his richess, in jowellis and hameis, thay war frely
conquest till him that takis him, be the wrytin law.
Quharfore than may he nocht alswele ger him send 30
and feche thame till him, or he lat him pas fra him?
Alssua, be the writtin lawe, gude custum and usage is
approvitj and it is clere thing all Cristyn folk, lytill
and mekle, has this custume to tak ransoun and fin-
aunce, ilkane fra othir. Lat us se than be quhat law 35

THE BUKE OF THE LAW OF ARMYS 1 59

or resoun it may be sustenyt to tak fynaunce. Bot first
I say trewly that, be the lawe, quhen a prisonare is tane,
merci is aucht him and that his maister aw to do him
grace, that is to say that his maister aw to kepe him
5 hale, and fere of his persone, that nane do him wrang,
na uncourtasy of his persone, na in his honour, na to
defoule him in his persoun, sen he has him in keping,
and at his merci, and suld mynester him lyfing suf-
ficiandly efter his estate, at his power, and mak him

lo gude and free chere quhill he is with him, and gude
company, for the honour of God lovand him, that has
gevin him grace and fortune to have victory e of his
faa. And gif him thinkis he will have sum courtasy
for his saufing and keping, and costis making, tak it

15 sa gentily and favourabily and sa courtasly, efter his
power and possibilitee, and efter the custum of the
contree, and the usaunce of the weris, that it be nouthir
disherisoun na herischip till him, na his wyf, na his
barnis na frendis ; for resoun and law will that thai have

20 sum thing to lyve on, efter that he have payit his ran-
soun, of quhilk gif he dois the contrair he is nocht
gentill, na courtas, na worthy man of were, bot erar
suld be repute ane unconnand tyrane man, unworthy
to be amang gude men of armes. Bot God wate, and

25 seis how dayly the men of were that now ar, how thai
do all the contrair, and how thai ger the pure creaturis
pay finaunce unresonable, quhilkis ar bot pore labouraris
of the comis and wynis, and othir pore labouraris that
mynisteris of thair labour lyfing to all the statis of the

30 warlde, off the quhilk it is grete dolour and pitee to
here and see the cruell marterdome that is done apon
thame dayly, but pitee, na merci, na cheritee, the
quhilkis can nouthir evill do, na evill say, na evill
think, to nane erdly man na womman. Bot dois gude

35 till all folk, bathe pape, kingis, and emperouris; and
all othir lordis and estatis has bathe mete, drink, and

l6o THE BUKE OF THE LAW OF ARMYS

clething throu thame, and nane has pitee of thame.
And tharfore mon we ^it mare speke of thame in this
chapiter.

[Capituium T-IERE spcris the doctour, gif for the weris that is

betuix the Kingis of Fraunce and of Ingland, quhethir 5
gif the Franche men may lefully tak and enprisoun the
pure labouraris of Ingland, and tak thair gudis, as gif
the kingis men of Fraunce may for occasioun of the
weris of the realmes, ourryn the landis of Ingland and
tak the pure labouraris prisounaris, and eschete thaire 10
gudis that dois na man scathe, and dois gude till all
men, as merchandis and travailouris betuix realmes, that
servis realmes, and bringis in ane thingis that ar nedefull,
and that is nocht in ane othir, throu the quhilkis labour-
aris, merchandis, and men of craft, all the warld is sus- 15
teynit. And as to the first sicht, it semys that nay, for
quhy thare suld na man here ane otheris synnis. For
quhy than suld the pure labouraris, merchandis, and
men of craft here the charge of the lordis syn ? Item,
ane othir resoun; quhy suld be imput till ony man a 20
fault of misdede of a thing that he entermettis him
nocht with ? Bot all men seis and wate that the pure
laboureris, and sik men, entermettis thame nocht with
jugeing, na ordanyng, na govemyng of weris. Quhy
than suld thai be blamyt tharfore, sen thay in na way 25
entermettis thame tharwith, na has na joy, na plesaunce,
na gevis na gude will thareto ? For thai desyre nathing
sa mekle as to lyve in pes ever. Be quhat resoun,
than, suld men our-ryn thame ? Item, be all law, resoun
naturale and morale vertu, ilke man suld be jugit, and 30
demaynit efter his estate and qualitee, and sa suld
be servit. Bot all the warld wate wele that thir pure
folk has na charge, na takis na lyfing, na partage of the
weris, na of the wynnyng of armes. Quhy, than, suld
thai be oprest be were, or dede of armes? For suppos 35

THE BUKE OF THE LAW OF ARMYS l6l

the were war never sa cm ell, jit will na men of were
nouthir sla prisounaris, men of religioun, na pure prestis,
na hermetis, na jit derob thame, na reve thame thair
gudis, for quhy thai mell thame nocht tharewith, na
5 thair craft, na cure is nocht in armes of erdly weris.
And sa in the samyn wis dois nocht the pure labouraris,
na merchandis. Item, efter the honour of armes and
warldly los, quhat honour or los may a worthy man of
armes wyn to outhir sla, or enprisoun a pure creature

I o that never maid were, nor never bare hameis, na wappin,
na can nouthir put armour on him self, na apon othir
man samekle as a haubergeoun to put on him, wate
nocht quhat syde suld be before, quhat behynd, na can
nocht bouche on bassinet, na leg hamais, brassere na

15 curass? Na quhat honour war it to slaa a sely pure
man innocent, that can nocht ellis do bot sitt on the
felde, with his catall or his schepe, and ete a sely pece
of brede but ony kychyn, and in the scharp schouris
hyde him in the buskis? Quhat caus makis thir sely

20 creaturis for to be warrayit? And jit, nocht gayn-
standand thir resounis, oure maisteris and doctouris
said that gif the peple subject to the king favouris
him and his opyniounis aganis the king of Fraunce,
the men of were of France may lefully tak thair gudis,

25 and warray thame, and tak lyfing of thair gudis, and
tak thair persouns, and quhat that thai may get of
thame, and of thairis. Na is nocht behaldyn as to
Godwart, to restore agayn nathing that thai tak of
thairis, for quhen the subjectis of the realme ar michty

30 and full of gudis, it makis the princis and warryouris
wantoune, ande mare wilfull to mak were to the King
of Fraunce. And tharfore ar the Franche men haldin
to tak thare thair gudis, that thai be nocht sa mychty,
na forcy to manetene thair wrangwis weris aganis the

35 realme of Fraunce. For quhen men takis the brandis
fra the grete fyre, it slokis the sonar. Bot and the

L

l62 THE BUKE OF THE LAW OF ARMYS

peple of Ingland favoure nocht the weris agayn France,
Foi. 47 na will nocht manetene thame, na forthir thame in thair
weris, treuly the Franche men in that cas ar nocht
behaldin to mak were on thame, na to tak thame
prisonaris, na mak eschete of thair gudis in na maner 5
of wis be na resoun. Quhilkis, gif thai do the con-
traire, thai ar behaldin till ansuere before Gk)d, and
the warld, be veray law and jugement, and be naturale
resoun. And quhen the weris ar jugit opinly tobe
rychtwis, and brokyn up, and proclamyt betuix the twa 10
realmes, than may the warrayouris, with all force and
power, wyn all that thai may levefuUy and forsabily
get, be fors of armes in opyn were, apon ony thingis
that belangis the realmes or thair power, and gif inno-
cent folk takis scathe, than, in sik opyn weris, the 15
prince na the were men may nocht do with, na set
remede, quhen all gais till all. For as othir tymes I
have said before, a gude gardenare mon quhilum tak
the gude herbis amang the evill, quhen he wedis his
herbare. For the evill herbis may nocht be gudely 20
ruggit up be the rutis, bot sum othir of the gude herbis
that ar nere thaim, next nychtbouris, mon be ruggit up
with thame that ar sa our nere togeder. And sa may it be
understandin be the men of were that may nocht destroy
the wikkit men of were that ar thair inymyes, bot quhilum 25
the gude folk has scathe, bathe in body and gudis. Bot
than standis thare the wisdome and the vaillaunce of a
noble man of armes, to consider in his hert in the weris,
the state, and the qualitee of the persouns, and efter
thair desertis do thame humanetee, gentris and curtaisy, 30
and, namely, the symple pure creaturis that we have
before said of.

[Capituium UERE speris the doctour, gif it be lefull thing and
worschipfull in the weris, that a king or a prince our-
thrawe ane oihir with cautele and subtilitee in weris, 35

THE BUKE OF THE LAW OF ARMYS 163

quhilk is his inymy. And as to that poynt I preve 50U
first that nay, it suld nocht be. And the resoun is :
for suppos the were be rychtiwis and resonable, jit be
the writtin law, as thare is law, sa is thare ordour of
5 lawe. As suppos a man aucht me ten merkis, jit aw
I nocht be cautele na suteltee to tak his gudis tharfore
forsably, but ordour of law, na to sla his persoun, na
put him out of his hous, or his heritage. Bot I suld
plenje me till his juge, and ask rycht and law of him,

10 be rychtwis, jugement, and nocht be fors barat, na male
engyne to ourcum him. Alssua, all kingis and princis
wate wele that oure lord Jhesu Crist is king of kings,
and he sais that in this erde quhen he was, nouthir
wald he preche, na teche, na rycht nocht do in hiddilis.

15 Bot all thing that he did he did opinly, in playne
audience. And sen all his dedis he did for oure in-
structioun, me think rycht sa that othir kingis and
princis suld nocht do in hidilis, na with cautelis, na
barat till our cum ane othir king, alset he war thair

20 inymy. For God reprovis all dedis done in myrknes
and obscuritee, na with dissait, na subtilitee. And sen
it is aganis God and his doctrine, me think be all men
it suld be forborne. And jit a mare resoun and stark :
for all gude creature that traistis that thair querela

25 is gude suld have thair traist in God anerly, and nocht
in suteltee of thair awin engyne, throu malice, or barat.
For God fortheris all gude rycht, and tharfore sais the
King David, the haly prophet, non in arcu meo sperabo,
nee gladius meus salvabit me, sayand he traistit nouthir

30 that bow, na suerd suld save him, bot God and his gude
querele. Alssua be the haly wrytt, a man suld nocht
do till ane othir, bot as he wald he did till him. And
all man wate well that he is nocht in warld that wald
that his nychtbour ourcome him with suteltee, na with

35 barat e, in were na pes. How may than a man do till
othir sik dissait, ungrevand God, allset he war outhir

1 64 THE BUKE OF THE LAW OF ARMYS

king or emperoure? And ^it, all thir resouns nocht
gaynstandand, I hald all the contrair. For trewly I
say, that fra the weris be declarit rychtwis, and jugit as
sa, and notifyit to the inymyes of a prince or king, be
all lawis of armes I am behaldin, with all maner of 5
suteltee and engyne, and barat that my wit can devis,
but dedely syn, that is to say, nocht brekand gude
faith, and, namely, fra trewis be gevin our, and diffiaunce
maid. For oure lord Jhesus him self gevis us teching
thareapon, quhen he said to Josue how he suld sett 10
ane enbuschment behynd his in)niayes, and throu that
enbuschment he suld vencus thame all, but drede. Bot,
to mare clerely understand this mater treuly, gif I send
for myn inymy to desire speche of him, for ony cans
of trety, or seurtee, or othir wayis, and I dissave hym 15
under that assuraunce quhilk I hecht him sekerly, that
he sail seurly cum and gang unharmyt of me or ony
of myn, or of my witting or purchas; treuly and I
outhir tak him, or prisoun him, or othir wayis do him
ony violence or gref in ony wys, I brek my law and 20
brevis myn honour, again God and gude faith. Or ^it,
gif I tuke trewis with myn inymy, and under thai trewis
tuke a castell or wallit toune, or ellis our raid his landis,
and destroyit or dispoilit thame, I kepe nocht my lautee,
na myn athe, na myn honoure, and aw to restore him, 25
and mak his scathis hale, and mak him grete amendis.
Bot thare is othir sutelteis ynew that men may us to
barate thair inymyes, as to lay enbuschis out of trewis,
or 5it ger spy thame, and se quhen thay ar in disaray,
and wate thame at the wanlas, or ^it, in bataill, dissave 30
thame, to geve thame the sonne in thair face, or the
wynd, and the pouder in thair face, or to geve thame
the werr felde, outhir lawar or in a myre, quhare thai may
nocht wele semble, na to help thame selff ; or to fynd
wayes to stryke doune thair banner or thair standart. 35
Bot 3it, I hald that a king suld nocht have samekle traist

THE BUKE OF THE LAW OF ARMYS 165

in goddis help, bot he suld help him self in all maner
gudely, but faith breking, or of syn commytting; for the
law writtin sais, Quod licitum est inimico inimicum deci-
pere dolose dummodo non rumpatur fides. Bot a prince
5 suld first sett him in rychtwis querele, and syne suld
purvay him of wis counsale before all thing, and syne
of gude worthy men of were and of gude renoune. And
syne to do gude diligence, and pray God to help him
ithandly and lyve clenely, and sett his traist all in
10 God with his awin gude govemaunce. For the wys
man sais, Faciat homo quod in se est, et deus implebit,
Lat man do that in him is, and syne traist in Goddis
help, and he sail supplee his gude rycht

HERE speris the autour quhethir bataill may be [Capituium
xlx«l

15 lefuUy done on a festuale day. And first I argu that
it aw nocht to be. For the festuale day is ordanyt to
serve God apon anerly, and be that way suld nane othir
wens be done that day, bot that war godlyke, as sais
the decreis. Bot here I may preve aganis this, that Foi. 48.

20 bataill may wele be done on a festuale day, for the peple
of God oft tymes gave bataill in festuale dayes. And
tharfore I say, trewly, that for caus of necessitee in
festuale tymes may be done bataill. For and the King
of Ingland come again the King of Fraunce, profferand

25 him the bataill on a festuale day, the King of Fraunce
behovit for his honour on nede force to geve him bataill
quhat day that ever it war. And this doctryne gafe us
oure lord Jhesus Crist, quhen he helit a seke man on
a festuale day. For the quhilk caus the medicinaris

30 may lefully do thair craft of medicyne to seke folk on
the haly day. Bot certaynly, bot gif necessitee con-
streynit to geve bataill in haly day, I say as all the
opyniouns of oure doctouris and maistris sais that it
aw nocht to be done. Bot I se nocht that men of were

35 settis thame to kepe the haly day. For thai lett nouthir

1 66 THE BUKE OF THE LAW OF ARMYS

haly day, na othir day, to ryde and tak placis, or mak
pilleryis, or othir forragis; do mare the Sonday or the
haly day na othir wolk dayes, alset it war pasche day
als ere as fastyn evin day. Bot and, that diligence war
done for the spede and the gude of the commoun S
prouffit, it were wele done. Bot God wate how mony
is now in land that settis thair hert and thair besy cure
for the utilitee of the commoun proffit !

[Capituium I-J ERE speris the autour, quhethir, gif a man be awand

me gudis, and I be of power to tak my payment be dede lo
of were, quhethir aw I to mak persecucioun agayne him
in jugement. As thus; suppos we that a baroun dois
wrang till a knycht of lang tyme, and nocht gaynstan-
dand that the knycht had lang tyme askit resoun and
justice of the said baroun, he coud nane get, and sa this 15
seand, that he coud nocht be servit of justice, he
assemblit him a grete rout of men of armes, and past
to that lordis landis, and tuke alsmekle largely of his
gudis, as the soume that the baroun held wrangwisly
fra him. And nocht gaynstandand that this said knycht 20
had tane satisfactioun and assithement of the barouns
gudis, sone efter this, the said knycht fyndis the said
baroun at the toun of Paris, and gerris summound him
before the King and the counsele, and makis him
questioun, askand him to restore and reform the wrang 25
that he haldis him. The baroun ansueris agayne, sayand
that gif he aucht him oucht, he has tane rycht gude
assythement tharfore. For thou hes cummyn apon me
in fere of were and tane at thyne awin hand alsmekle
or mare na I held of thyne. The knycht ansueris agayne 30
sayand, Certane, schir baroun, it that I tuke of ^ouris is
scantly the costis of the men that I led with me to
wakyn 30W to do me resoun. And suppos I had fer
mare tane of ^ouris, it passis bot in dispens of the per-

THE BUKE OF THE LAW OF ARMYS 167

suyte of the principale. And sen it is for jour fault of
jour frawart will, that ye will nocht do me resoun, na
pay me it that ye aw me, na be na law it suld nocht be
put in my count, na allowit that is nocht delyverit me
5 in payment. For quhy in my rycht persewand, it is as
thing rychtwisly conquest to me of rychtwis were ; for
law civile and law of armes gevis that privilege of were
to thame that ar opprest w^rangwisly and can get na
remede. Than ansueris the baroun, replicand this argu-

10 ment, sayand that gude law, na gude faith, wald nocht
thole that a thing suld be twis payit, quharfor, sen he
had payit himself of alsmekle soume or mare, how
mycht that be, that law wald suffer to mak a new pay-
ment ? And tharfor, sen, in ony maner of wys, je have

15 tane anys jour payment, it may never be, be law, that
je suld have ane othir payment. And as to this
demaund, be the law of armes we may say thus, that
treuly, gif the gudis that the knycht tuke war the propre
gudis of the baroun, and he had tane sufficiandly to be

20 his payment, I traist he suld nane othir pa3rment get
Bot gif thai war his pure mennis gudis, the quhilkis
aucht him nocht, he aw to be payit of the baroune of all
his soume of lenth that he war scathit of; or ellis, that
he gert him be quyte of his pure mennis clame, and

25 put thair soume in his payment. And gif the gudis
that he had tane war othir nychtbouris gude that he had
na clame to, na aucht him nocht, na pertenyt nocht till
him in nathing, he aw to be payit againe of all his
rychtwis clame, and he aw till ansuere to thai nychtbouris

30 the quhilkis nouthir had were to him, na he to thame,
and to content thame agayne in alsfer as thai war
damagit throu him in that For quhy, thai nychtbouris
may recover thair gudis agayne, and than war he unpayit
And sa, in the cas that the gudis war the barouns, or

35 his tenandis, he suld be content thai quite clamand him

l68 THE BUKE OF THE LAW OF ARMYS

in tyme tocum, to nocht reclame him of thai gudis, he
aw till allow thai gudis as payment of his costis and
scathis, in alsferr as thai mycht reke etc

[Capituium pj ERE speris the doctour a stark questioun, quhethir,

and a knycht be dede in bataill, gif his saule be sauf 5
or nocht. And as to that it war lyke that it war nocht
sauf. For clerkis haldis opynioun that quha ever that
servis in armes and in weris may nocht pies God, for
armes may nocht be servit but syn. Item, gif a clerk
deis in bataill, he suld nocht be put in Cristyn beris ; lo
for quhy, he dois agayn the commandement of the kirk.
And the resoun is, for a mortall man that deis in ire
and in evill will is lyke that he war dede bathe body
and saule, sen he deis out of cheritee. And rycht sa
may men think of a knycht. Nochtthan as langand 15
this mater, we may mak thre conclusiouns. The
first conclusioun is that trewly quhat ever knycht or
othir man that deis in bataill agayn the Sarra^enis,
or othir goddis inymyes, or inymyes of the faith, or
inymyes of the verray pape, sa that he be out of 20
dedely syn, in othir wis he passis furth with in para-
dis, for sa sais oure lawis, and oure faith sa holdis.
The secund conclusioun is that gif a man deis in a
just bataill, sustenand a rychtwis caus and querele, wele
confessit in othir thingis, I say trewly he salbe sauf. 25
The thrid conclusioun is that gif a man deis in a wrang-
wis caus, manetenand a fals opynioun, treuly he is con-
dampnyt, bot gif the merci of God ga betuene, the
quhilk is redy to all S)mnaris. For we hald be oure
cristyn faith that all creature humane that deis in dedely 30
sin passis till hell but redempcioune, in perpetuale
dampnacioune etc.

^pituium TJERE speris the doctour quhethir rychtwis men or
synnaris ar in battaill the starkaris. And first he provis

THE BUKE OF THE LAW OF ARMYS 1 69

that the synnaris ar mare stark in bataillis. For we
rede of a wikkit thef that had nane in his company,
hot all thevis, and revaris, and pastouris, was all his
tyme king and syre of Babilone, and our threw all his
5 nychtbouris, and grevit ay the gude as him list, and
favourit and nurisit evill folk. Item, Alexander the
conquerour, quhilk was king of all the warlde, was Foi. 49.
a grete tyrane, heichty, hautane, avaricious misdoare,
luxurius and rycht vicious. The quhilk distroyit and

10 slew nereby all the kingis of the warld. Na was nane
sa rychtwis that he wald thole in govemaunce. Item,
ane othir wikkit man callit Assur. Put he nocht all
the peple of God in prisoun be force of armes? and
despoilit, and desrobbit all the templis that war ordanyt

1 5 to the service of God ? And all the haly rychtwis folk
that he mycht ourtak he put to dede, and marterit thaim,
na had nouthir merci of gude na evill, and he bathe
stark, hardy, and rampand as a lyoun. And 3it was he
maister, nocht gaynstandand that he was a grete synnare.

20 And Jonathas, alssua, was a worthy and hardy man in
armes, and ^it was he a grete synnare. Item, the Em-
perour Autovien; was he nocht a wikkit man and a
grete lechour ? And jit was he hardy, and a stout man
of armes, and conquest grete contreis to the Impire of

25 Rome, and almaist all hale the warld put under thair
subjectioun. Item, Olofeme, the quhilk was stout and
hardy man and mychti of were in armes, that in his t)rme
fand nane his pere, and maist tyrane was apon the peple
of oure lorde, off the quhilkis materis I mycht fynd a

30 thousand argumentis. Bot it war our contrarysum to
rehers. Quharfore I will pas mare lychtly. And as to
the contrair party, as David, the quhilk was bot of lyitill
stature to grete Goulyas, be his grete bountee he vencust
that grete Goulyas, with na help bot Goddis help, and

35 his slong and his slong stanis. Item, we have in the
aide testament, how ane of Goddis servandis chassit

I70 THE BUKE OF THE LAW OF ARMYS

a thousand and ij, x" ; that is to say, men of gude lyf
chast of synnaris that was again the peple of God, ane
chassit a thousand othir, and twa chassit ten thousand
synnaris, for that God was in thair help. Item, quhen
the peple of God suld have fouchtyn with the inymyes 5
of God of the generacioun of Benjamyn, for to have
revengit the schame that thai had done to oure Lorde,
the peple of Israel was discomfyte twys, or thris, be
caus thai war nocht in gude estate of confessioun, and
efter that thai had schryvin thaim, and put thame in 10
gude estate, thai wan thair inymyes, and put thame to
confusioun, and disconfiture, quhen thai had askit merci
of thair synnis. And jit with that, oure decreis, spekand
of the realme of Britonis, that gif the Inglishmen be
enclynyt to the syn of the flesche, habandound togeder, 15
and geve thame to that delyte, thare sal cum of that
folk, peple villain and wayke in the faith, and evill till
arreste fra bataill, bot flowand and untraist in all thair
dedis. And tharfor, sais oure haly scripture, that peple
in syn and evill lyf ar nocht be mekle sa hardy, sa 20
victorius, na sa happy as otheris that ar clene confest,
contryte, and in gude estate to the saule behufe. For
sik a gude man in bataill is mare helplyke in sik estate
na as a thousand sik othir may be in evill estate. For
thai hynder mare na further, for the unhap and the 25
misfortune of thair wikkit syn. For few men in weris
and bataillis, beand in the state of grace, is mare victorius
na ar grete multitude, full of syn and wikkitnes. For
all gude grace, gude fortune, and gude victory cummys
fra God, and of his grace. Bot gif, quhilom, gude 30
creaturis ar put to the werre that is for sum punycioun,
that God will punys thame for sum faultis bypast, or
othir wayis be the ordynaunce of his secrete counsale of
hevin, as to geve him punycioun, to prove his pacience,
that he may be mare glorius crownyt in hevin, till assay 35
his vertu of pacience in his adversitee. For oure lord

%.

THE BUKE OF THE LAW OF ARMYS I7I

provis gude men in the chemmyne of mekenes, as gold
or silver is provit in the fumas that is oft tyme moltin
to prove gif it be fyne, to put in the lordis werk ; as was
provit haly Sanct Lowis of France, the noble king, the
5 quhilk God tholit, be permissioun, him to be led away
prisonare with the traytouris mistrowaris unfaithfull Sar-
ra3enis, efter that he had bene discomfyte in felde;
the quhilk we traist, as be oure jugement, was to prove
his pacience, and to be mare glorifyit in hevin, etc.

10

pjERE speris the doctour, for quhat caus is thare sa [Capitaiam
mekle were in this erde? To the quhilkis I ansuere
the, that anerly for the mekle syn and trespass of man,
the quhilk God tholis, to punys thame of thair misdede,
all thir weris and bataillis. For this sais the haly scrip-

1 5 ture ; Quicquid patiuntur peccata nostra meruerunt, quia,
si nulla regnaret iniquitas, nulla dominaretur adversitas.
For the men of were ar callit the scurge and the wand
of God ordanyt to punys synnaris, throu the permis-
sioun and tholaunce of God, quhilkis punyss thame that

20 is here synnaris, and makis execucioun of Goddis
justice here, rycht evin as dois the inymyes of hell
execucioun of Goddis rychtwis jugement in the tothir
warld. And gif that gude men that ar lufit with God
be torment here with tyrannis, that is punycioun and

25 purgatorie of thair small synnis, that thai may be mare
gloriously rewardit in hevin, and nocht to remayne lang
in purgatore quhen thai ga hyne. And alssua wikkit
men has oft tymes in this warld welth, and withgang,
victory, and warldis honoure, sa that, fra thai passe

30 hyne, thai have ressavit thair reward, gif thai ony small
dedis gude has here done, to be the mare cruelly
punyst in hell quhen thai pas hyne. And tharfore ar
the wikkit men of were bot tormentouris of gude men,
and executouris of Goddis will. And quhilum sum dois

35 weris for rychtwis querelis, and gude caus to manetene.

1/2 THE BUKE OF THE LAW OF ARMYS

gais in bataillis. Bot gais in weris and in bataillis for
the synnis and the wikkitnes of the warlde, and makis
unrychtwis weris for pride or orguille of thair hertis,
as dois chiftaynis but prince or soverane lord ; as dois
5one partis of Lombardy, of the Gelf and the Gybblyn, 5
the rede ros and the quhite; and ^it thai wate not
forquhy na quhat cans, for the fader will be oft agayne
the sone, and the sone aganis the fader. The quhilkis
weris cummys bot of outrage and felloun hertis that ar
sett in wikkitnes, but caus or resoun that gude is. lo
And oft tymes, alssua, cummys sik weris for covatis of
warldis gudis, to have grete dominacioun, or grete lord-
schippis ; for thare is syndry kynde of folk that, had
thai all the warld, jit scantly wald thai be content ; bot
for warldis gude, wald occupy townis, citeis and realmes 15
of othir mennis, as did king Alexander, quhilk thocht
thare was nane worthy in warld to be a king, na to
have land na lordschip, bot he. And commounly
out of this covatis partis and procedis all vicis of this
warld, and all tyrannyes. And jit oft tymes cummis 20
weris for the syn of disobeisaunce. For mony ar, the
quhilkis, for thair pride and surquidy, thinkis thai suld
nocht be underloutis to nane erdly prince, quhilkis ar
and was bot vassallis, and under obeisance of all tymes.
Foi. 50. And of this wrechit disobeysaunce cummys untreuth 25
and unlautee. And sa be syn cummys all weris in this
warld, etc

[Capituium "H" ERE spcHs the doctour a questioun : gif that a man

Iv.]

be haldin in a tour in prisoun, quhethir may he leve-
fully brek prisoun, and scape gif he may, or out of 30
ony othir ferme prisoun. As thus : gif a knycht in the
weris takis ane othir prysonare, as oft tymes befallis,
and puttis him in a clos prisoun toure, or castell,
quhethir, gif he dois agayn resoun and law of armes,
to brek prisoun and escape, gif he may, be cautele or 35

THE BUKE OF THE LAW OF ARMYS 173

subtilitee. And, as be the first face, it semys that be
resoun he aw nocht to do it. For quhy, be the lawis
he is in his merci, and, merci is aucht hira ; quhat nede
war him than stele away? Item, thare sulde na man,
5 be the haly scripture, do till his nychtboure bot that
he wald war done to him. Bot thare is na man sa
symple of wit that wald that ane othir man had
brokin his prisoune and escapit fra him. Quhar-
fore it aw nocht lefully be done, a man to brek his

10 maisteris prisoun. For he is his lord and maister, ay
quhill he have payit him, or acordit with him. Alssua,
fra a man have gevin his faith till his maister, he aw
nocht to brek it; and how may he eschape but brek-
ing of his ath and his faith, and but schame? Bot

15 as to the contrair party, it is ansuerd that a man is
free gif he may eschape. And the caus quhy is for
all mankynde, be the law of nature, as sais haly scrip-
ture, desyris naturaly to be at fredome and libertee.
And als the la we of nature is hede and maistress of

20 all lawis, and in all tyme is just and lele, and varyis
never, suppos othir lawis and constituciouns varye, that
ar maid be mannis ordynance. For law of nature
is Goddis awin lawe. And sa, suppos he escape, he
dois na mys, sen he dois bot efter the lawe of God.

25 Item, it is wele kend be all lawis that ane obligacioun
maid be force and violence has na strenth. Quharfore,
sen it is notour thing that he had maid that promess
throu fors and violence, quharfore he is nocht be-
haldin to kepe that arreste bot gif him list. Bot, as

30 for utter ansuere to this questioun, treuly as to myn
avis, lawe and gude faith avidis that, gif a knycht war
arestit, and maid prisonare in bataill till his inymy,
and put in prisoun, bot gif he mak ane express ath be
the faith of his body, lelely and treuly to hald prisoune

35 and nocht escape quhill he be accordit with his maister,
he is behaldin till escape gif he may in ony wis. Bot,

174 THE BUKE OF THE LAW OF ARMYS

gif he be oblist in the contrair efter his taking, law
will that he kepe gude faith, or ellis he forfettis to God
and man and to the warld. Bot and his maister, atour
his lefuU and resonable prisoun, do him sum outrageus
injure or othir inhuman itee, he is nocht behaldin to 5
hald prisoun, gif he may ony wis eschape. For gif he
be haldin in sa strayte prisoun that he be in perile of
malady perpetuale, or of dede, or that he be but esmen-
tis of his persoun sik as nature askis, treuly he may
eschape lefully but repruf, and he may, or 3it and he 10
perofTer resonable ransoun ; and to mak sekir thar-
fore, and his maister forsake it, he may lefully escape.
For he is nocht haldyn to put him self in povertee,
na his wyf, barnis, na othir frendis, for his fynaunce
paying. Alssua, gif his maister be sa cruell that outhir 15
be he dyng, or sla his prisonaris, he aw nocht to byde
in prisoune and he may fynd ony way to escape. For
it is na ferly, quhen a man seis his nychtbouris hous
byrn, suppos he be rad for his awin. Item, gif his
maister have sik a name that he be custumyt to hald 20
prisounaris sa lang that outhir thai pay all that he will
V set on thame, or ellis to ger thame dee in prisoun, in

that cas, I say, he may escape gif he may lefully. And
thus ony of thir casis he may eschape, othir wayis
nocht. 25

[Capituium UERE speris the doctour a questioun : quhethir gif a

Ivi«l

knycht have suorne to hald prisoun till his maister, and
his maister, efter his athe maid till him, puttis him in
clos prisoun ferme, quhethir is he be haldin to hald
prisoun in sik kynd, or till escape lefully, gif he may. 30
As thus : a knycht has lawfully, in dede of armes and
lefull were, tane ane othir knycht prisounare, and gerris
him suere grete ath to hald prisoun quhill he be content
of him, and that nocht gaynstandand, he puttis him in
ferme prisoun, in ane hous of his castell, and in a stark 35

THE BUKE OF THE LAW OF ARMYS I75

toure, with gude wache and warde apon him nycht and
day : quhethir, gif he be excusit to escape, and he may.
To the quhilk questioun I ansuere thus, that, trewly,
me think that he mysdois nocht in nathing. For quhy,
5 sen he gerris him first mak him obligacioun and faith to
kepe prisoun, it is lyke that he traistit in his leautee.
And gif he efterwart gerris put him in ferme prisoun, it
is lyke than that he traistis nocht in his leautee, na in
his faith. And sen he has na traist in his leautee na

10 faith, quhatkyn faith suld he kepe him, or brek him?
Alssua, sen he tuke anys aith of him to hald prisoun ^
and syne efter that, closis him and kepis him in ferme
prisoun, it is lyke that he passis fra the first appoynt-
ment and obligacioun, and be that, suppos it be nocht

15 spokyn in word, he schawis it in dede be the maneris
that he haldis till his said prisonare. Bot, as to this
questioun, I say, that, gif a man has tane a prisonare in
lawfull were, lawfully prisonare, and gerris him suere to
hald prisoun in quhat maner that his maister lykis to

20 put till him, sa that he offer him resonable finaunce, and
that he geve him lyfing, sik as he may, efter thair estatis
bathe in the contree, sik as may be fundyn, and that he
be nocht in sa hard prisoun that he be in perile to be
maid outhir crepill, or mortall infirmitee tak in prisoun,

25 or to dee utterly, I say he aw to hald ferme prisoun, as
he is oblist, sen he is his prisonare in laufuU were, quhill
he have content him of fynaunce resonable, sen he savit
his lyf. For prisonaris ar nocht ordanyt to hald sa free-
prisoun that thai be led to hunting and hauking, na sik

30 disportis, bot to be kepit as prisonaris suld be kepit,
and nouthir to play at chess, na tableis, in tavemis, na
in hallis, na chaumeris. Nochtthan, trewly, quhen ane
honourable knycht, lord, or worthy man of armes is
tane laufuUy and honourably defendand his lege lord,

35 or a rychtwis were, mayntenand gude faith, and honour
of armes, that he war nobly demaynit in prisoun, and

1/6 THE BUKE OF THE LAW OF ARxMYS

haldin mare worschipfully na othir cruell or tyrane
men, brekaris of pes, or doaris of grete injuris to thair
inymyes of the party contrair. For, as thai demayne
prisounaris, in thair dangere beand, resoun wald thai
war demaynit. Bot a noble knycht that ay has governyt 5
him nobly, as worthy man of were but outrage, suld be
haldin in free prisoun with plesaunce and disportis, and
Foi. 51. blithnes, festand him for honour of nobless. For oft
tymes mony noble men ar bakkit in bataill, and discom-
fyte, that did full worthily and honorabily thair dettis in 10
bataill, suppos that fortune be aganis thame as than.
Bot syndry folk gevis blame and lak to thame that tynis
a bataill, and honour and los to thame that wynnis it.
Bot, treuly, it may fall full wele that thai that tynis the
bataill has servit na blame tharfore, bot wys men of were 1 5
gevis ay the loving to grete God. Bot ^it, say I, that, be
ane othir opynioun, that all athe and promess maid in
prisoun, thret or nocht thret, suld be treuly kepit, sa
that it war possible, and nocht aganis the faith na in
prejudice of the saule behufe. And, sen men may kepe 20
strayte prisoun and nocht tyne the saule, methink it
suld be kepit, and gif him think it hard to thole, kepe
him the better in tyme to cum tharfra. For sen he
makis his athe to kepe treuly quhat prisoun that lykis
his maister, thare he tynis the privelege of lawe that he 25
had of fredome to escape gif he mycht.

Ivii.]

iCapituium TJ ERE speris the doctour ; gif a man of were assuris
ane othir frely to cum, and spekis nocht of his way gang-
ing, quhethir gif he — as gif a baroune has were aganis
a knycht, with grete inymytee on every syde, the frendis ^o
on bathe the partis desyris accordaunce to be maid
betuix thame, and to travale in the mater, tretis the
baroun to send his assuraunce, durand for certane dayes,
to the knycht to saufly and surely cum till his speche.
The knycht mistraistand na thing, bot treuly hafand his 35

THE BUKE OF THE LAW OF ARMYS I77

fyaunce in the barounis sauf condyt, curamys to his
speche. And quhen thai have spokyn togedder, the
knycht wald pas agayn till his place ; the baroun gerris
lay handis on him, and arrestis him as his prisounare ;
5 the knycht askis the caus for quhy; the baroun sais,
for quhy that his letter of assuraunce is expirit, and the
date passit, for quhy he had na letter of him of assur-
aunce, bot anerly to cum and speke with him, bot nocht
to return agayn ; and be all lawis and resoun, men suld

10 in sik thingis conforme thame to thair writtis; and thar-
fore sen the wrytt sais that anerly he was assurit tocum,
and nocht to gang, he kepand the poyntis of his wrytt,
he may nocht be reprovit, for he dois wele that kepis his
condiciouns. And thus speris the questioun ; quhethir

15 the baroun wrangis the knycht or nocht. And as to
the first face, it semys that he wrangis him nocht, for
quhy as before said is, he kepis his writt, and wax
nofcht excedand the termes of his assuraunce. Quhar-
fore he may nocht of resoun be reprufit Alssua, ^it a

20 mare stark resoun : be al lawis of armes, and otheris
lawis, fra tyme were be ordanyt and enterit, all man of
were may dissave his inymy be barat and slicht, sa that
tharein be na dedely syn to sla the saule, na to do
misdedis. Than, gif the baroun with subtilitee or slycht,

25 the baroun mycht, nocht brekand a poynt of his sauf
condyt, to begile him, me think he has all rycht, and
nane suld blame him. And ^it, nochtgaynstandand that
sum men of armes will nocht hald this opynioun, I say,
treuly, be bathe law of armes, and law of nature, that he

30 aw to be haldin free of passage alswele as of his come.
For thare is na man naturale bot thay may, be clere
understanding, knaw that quha ever be asseurit surely
tocum and speke, it is understandin, sen he may nocht
here byde, that hame agayne behufis him gang on nede

35 fors. For it war a symple assuraunce, gif a man suld
under fyaunce, and hope of sekir faithfulnes, cum till a

M

178 THE BUKE OF THE LAW OF ARMYS

lordis presence, and syne ger sla him quhen he come
thare, the assurance ware lytill worth. Item, it has bene
and is that all men of were, in esperaunce of gude faith,
has ay contynewit sik maner of govemaunce throu sauf
conditis, or ellis how suld thai be callit sauf condytis, 5
bot gif thai condyle thair maisteris saufly and surely?
For men wald never traist to cum apon thai sauf
condytis, bot gif thai mycht bathe cum and gang
suerly. Than gif be the benefice of sauf condyte
vaillis nocht, never man wald traist efter in sauf 10
condyt, gif quhen he passis he suld nocht repas
agayne till his hame. For it suld be understandin
that asseuraunce suld be hale in it self; for the law
sais that a condicioun ordanyt for gude to the party
suld nocht turne in prejudice of evill. Alssua se the 15
entencioun of the takar of the sauf condyt, and quhare
he takis it, and gif he takis it in sekir place, it suld
be understandin that it suld be seur and traist till
him, quhill he cum in seur place agayne, or ellis it
tynis the vertu of sauf condyt. For as it is understand 20
to seurly cum to speche, sa is understandin to seurly
byde, and seurly retoume; trewly gude faith and
resoun wald it, or ellis it suld nocht be callit sauf
condyt, bot fals condyt. Item, we hald in haly wrytt
that all ath or obligacioun suld be tane in the fassoun 25
and entencioun that he that ressavis it understandis
it, that is to say, he that it is maid to. As gif a
man hechtis till his maister to pas with him to the
haly grave, and, quhen he is redy, sendis efter hym
to pas to the schip, and he say that he understude 30
nocht that he suld pas be see, till sa fer a haly graf,
and thare sa mony sa nere in the contree that may
pas land gate; than quhethir this athe suld be under-
standin be the entencioun of the makare, or of the
takare. And treuly, I traist that it suld be tane be 35
the entencioun of the lord that takis the athe, be all

THE BUKE OF THE LAW OF ARMYS 1 79

lavvis. For and ane ath or obligacioun suld be tane
efter the entencioiin and judgement of hira that makis,
than suld never promess na obligacioun bynd a fals
man, na he wald get ane outgate. And thus say we,
5 be oure lavvis, that the sauf condyt suld be under-
standin at the intencioun of him that it is maid till,
and nocht be his entencioun that makis it; or ellis
he wald geve lytill traist in that sauf condyt, and
nocht traist his persone in it, gif he suld nocht be
lo sure in his againcummyng, and thare beyng, als wele
as passing. And as for me and othir maisteris and
doctouris, me think this the rycht oppin, and the
best way, suppos, peraventur, men of armes will nocht
hald this maner amang thame.

15 "HERE speris the doctour, gif a man that has a sauf (Capituium

lviii«1

condyt quhethir he may lede a gretter man na him
self in his sauf condyt. As thus, ane Inglis knycht
prisonare has sauf condyt of the King of Fraunce to
the nombre of x personis, armyt or unarmyt, on hors

20 or on fut, quhat estate that ever thai be; he fyndis
ane othir baroun of Ingland in a castell haldand the
Inglis fay, the quhilk, undir confiaunce of his sauf
condyt, he ledis with him till huntyng and banking
and othir disportis wenand that under his sauf condyt

25 he may lede him as ane of his said nowmer. And sa
passand to Sanct Denys in Fraunce, the Mareschall of
Fraunce metis thame in the way, and takis the said
baroun prisonar to him. And sa rysis noys and debatis
apon that questioun : the knycht allegis till his sauf

30 condyt for x persouns, sayand that the kingis sauf FoI. 5a.
conduct suld sauf him : the Mareschall of Fraunce
allegis for him that a symple knycht may nocht lede
a baroun quhilk is grettar na he apon his sauf condyt
"For, sais oure lawis, for and I had gevin power to

35 my procuratour in parlement to lede a process for me,

l8o THE BUKE OF THE LAW OF ARMYS

to ask ane hundreth frankis that is awand me, and I
ask at ane othir man a thousand; suppos I have put
in his procnracioun *and generally all othir causis
and dettis' 3it may he nocht lawfully mak that peti-
cioun of a gretare scum, bot gif it war contenyt under 5
his power of procuratour speciale. Alssua the king
gevand 30W powar be his sauf cond)rt to lede x per-
souns with 30W in 3our sauf condyt, and 3e lede a
gretare lord na 3oure self, than is that lord that is
gretar na 3e under 30W thare, the quhilk is nocht wele 10
sittand that a grete lord suld be in ony wis subdyt
till a symple knycht. For sa 3ede ordour bakwart
qwhen the less ledis the mare, for it war fer mare
semely that he had 30W under him na ye held him
under 30W." Than ansuerd the knycht, sayand that 15
he gais nocht under his sauf condyt, "bot under the
sauf condyt of the king, he and all the lave that I
have power to lede. And, sen 3e distruble me, 3e brek
the kingis sauf condyt. And 3it mare stark resoun;
the king has nocht namyt the namys of the ten per- 20
souns that he gafe me sauf condyt for, bot quham
that me lykit to tak in my nombre." And than said
the Mareschall, " Gude Schir than mycht 3e lede under
3our sauf condyt the King of Ingland, 3our awin lard, our
all the realm of Fraunce, for than mycht 3e nocht 25
say that the sauf condyt war 3ouris quhen a gretare
na 3e passis be vertu of the sauf condyL Bot never-
theles the contrair is suthe, for the sauf condyt is
3ouris under the quhilk may nocht be contenyt grettar
na 3e lefully; quharfore I say the prisonare is myn." 30
Than is it to declare quha has the rycht. And as to
that poynt, certaynly I say that the knycht may nocht
lede the baroun under his sauf condyt. And that the
baroun is the Mareschallis prisonare : for treuly the
writtyn law sais that under a claus of generalitee may 35
nocht be na grettare persouns contenyt na the princi-

THE BUKE OF THE LAW OF ARMYS l8l

pale maister to quham the sauf condyt is grauntit and
gevin and his name thare in writtin. And this opynioun
I traist thare is na man of armes that will say the con-
trair; for it is thair plesaunce erar to fynd faultis na
5 seurtee in all maner of sauf condytis and seurteis.

U ERE speris the autour a questioun : gif a man be {Capituium
tane apon ane otheris sauf condyt, traistand in it that
it suld sauf him and lede him seurly to and fra his
trystis, quhethir, in that cas, he aw to pay his ran-

lo soun and quyte him out on his awin costis. As gif
a capitane pertenand to the king of Fraunce wald tak
on his faith to geve sauf condyt our all the contree
of Gascoyne, and apon that condyt the Senescall of
Bordeoux, quhilk is ane Inglis lord, traistand tharein,

15 cummys till a tryst to lordis of Fraunce, to a citee
callit Ageam, quhilk be the way is takin and led
prisonare away with Franche men. Than is the
questioun — quhethir gif the capitane be haldin to de-
lyver him on his awin costis and expens. And as

20 to that ; it semys that he aw nocht to delyver him ;
for quhy, the Senescall suld nocht have bene sa
nyce na sa symple that he suld traist that sik a
symple capitane mycht geve him sik a sauf condyt
quhilk mycht suffice him to pas throu the were men

25 of the Kingis of Fraunce. Item, a wys man of were
suld wele wit that a symple capitane suld have na
power to geve sauf condyt bot for his awin propre
company that is under him. And sa, sen that capi-
tanis men has nocht tane him, quhy suld he diffray

30 him or pay his costis? Alssua, the law sais that a
sympil man may nocht geve privelege na fredome till
a man of mare estate na he is. Than quhat privilege
or fredome may a symple capitane geve till a grete
lord to pas our the realme of Fraunce quhare he is

35 na maister? Item, suppos the capitane wald obliss

1 82 THE BUKE OF THE LAW OF ARMYS

him be his lettres obligatoris, ^it may he nocht hynd
hot for his awin folk. For it [is] ane obh'gacioun of
na valour, to obliss a man till a thing that is our
power till him. Bot be the custumes of the weris, a
capitane may nocht traistly obliss him to diffray a 5
lord; for it passis his power, and tharfore the obli-
gacioun is nocht worth. Alssua the Seneschall, the
quhilk aw to be a wys man, suld wele knawe that a
symple capitane has na power to geve sauf cond)rt
to na maner of man that is inymy to the king of 10
Fraunce to pas throu his realme, but leve of the
king, or of thame that has power of him in generale
— as Lievetenand, Constable, or Mareschall. And
sen he has tane sauf condyt of him that na power
has, lat him stand till his hap and sett of as he 15
may : him self is to wite. Bot ^it will I nocht say
na the capitane has the wyte in sum party that suld
ger ony honourable man geve fiance or traist till his
sauf condyt, wittand wele it mycht nocht suffice for
sik a man. Quharfor, me think he aw to help with 20
gude counsale and gude trety at his gudely powar,
to trete gude concorde of resounable fynaunce and
ransoun; and to help at all his power to mak his
delyveraunce, bathe at the partyes hand and at the
kingis and his counsale, sen he throu ignoraunce 25
and sympless gafe the sauf condyt, wenand it wald
be obeyde. He was the mare till excus that he did
it nocht maliciously. Quharefore, I can nocht say
that he aw to pay his ransoun, na to delyver him of
prisoun. And gif the Senescall wald say that he has 30
brokyn his lawis till him and his sauf condyt, and
that he aw for to diffray him, I say nay, sen he
traistit that his lettres had bene of valu, and his
men was nouthir takaris na consentaris, na him self
nouthir bot did all his powere to help to trete his 35
delyveraunce. And sen he mycht nane othir way is

THE BUKE OF THE LAW OF ARMYS 1 83

do, he is to excus be a reule of the lawis. Bot and
the capitane had gert him traist that he had power
of the king, or othir power hafand, to asseure him
of all Franche men, and of that, had maid him
5 promess be his faith. Than wald I say that he war
fals and evill, bot gif he gert delyver him.

pj ERE speris the autour a questioun : gif that a man [Capituium
suld retoume agayn in prisoun apon his faith, traistand
to dee in prisoun. As thus : a knycht lyis in a lordis

10 prisoun for fault of frendis, the quhilkis tretis with the
lord his maister that he wald alarge him for xv dais,
to ga speke with his frendis for to mak his fynaunce,
and that within the said terme gif he content him
nocht of ten ^ flurynis, he put him in his will to put

15 him to quhat dede that him list but ony remissioun
or merci, and tharapon he oblist him be his lautee
and faith; and schortly to say the terme come and
the fynaunce nocht gottyn. The said knycht is in
a difference : to enter to sauf his ath, or to absent

20 him to sauf his lyf. Than is the questioun, quhethir

aw he erar to sauff his lyf and brek his athe, or to Foi. 53.
sauf his athe and his honoure and tyne his lyf. And
as to that, be oure lawis and be Haly Writt, me think
he aw to enter agayn to his maister, and sauf his

25 athe. For our lord God sais in the Ewangele, that
we suld nocht drede him that has power to sla the
body, bot we suld drede him that has power to sla
the saule. Alssua, to save the lyf of oure brothir
Cristyn, we aw to do all that we may but dedely
30 syn. Bot sen the lyf may nocht be sauf but com-
missioun of dedely syn, than suld he erar autre the
lyf na brek his ath. And ^it, nocht gaynstandand
that syndry of oure maisteris sais that he suld put
all in aventure and retoum to his faith, I say all
35 the contrair; for trewly he brekis nocht his faith that

1 84 THE BUKE OF THE LAW OF ARMYS

changis it in a better. Bot sen it is better to delay
the athe and pay the lord, na enter and he for brethe
of ire mak end of the knycht. And be this resoun,
for the law sais, Quod juramentum contra bonos mores
compulsum non est servandum. That is to say that 5
ane ath aganis gude custumes and gude thewis of
gude men compellit is nocht to be haldin na kepit
Bot ilke man wate wele that a man to obliss him to
the dede is agaynis all gude custumes; quharfore it
aw nocht to be kepit. Alssua be all the lawis, a man lo
is nouthir lord na syre of his awin body na of his
lyf na lymmis. Quharfore, sen thai ar nocht his, how
suld he obliss him to the dede or to tynsale of the
leste member of his body? For and a man demem-
brit him self, the justice wald punys him mare cruelly 15
na he had done it to ane othir man, for the grete
inhumanitee of the dede. And rycht sa, and a man
sla him self, God will fer mare cruelly punys him
in hell na ony othir that justice slais and his body
to the gebat and his gudes forffet. And thus has he 20
na powere till obliss him to dede lyf na lym. And
3it mare stark resoun: the Haly Wrytt sais that he
that may sauf a mannis lyf and dois nocht, he slais
him. And thus gif a man pass wilfully to consent
till his awin dede, he slais himself, the quhilk he is 25
nocht behaldyn to do, as said is. Quharfore trewly,
Nota. I say he is nocht behaldyn to cum agayne till his

entree, bot gif he war asseurit of his lyf. Bot as
langand the ransoun, that he aw to pay doutles. And
of this opynioune is oure Doctoure Johne Andresoun, 30
etc.

[C^pituium pjERE speris the doctour: gif a prince aw to refus
a passage throu his contre till ane othir prince for
causis resonable. As thus the King of Fraunce has
querele to mak were apon the King of Ungary for 35

THE BUKE OF THE LAW OF ARMYS 1 85

certane rychtis that he pretendis, and thinkis to pas
with grete power to that contree in all gudely haste,
and to tak his way throu the landis of the Empire,
throu Almayne, and specialy throu the contree of
5 Hostriche, and tharapon sendis lettres to the Duk of
Hostriche, schawand him his cas prayand him of
passage and of favour of lyfing till his folk for the
cost, and that he sail ger his folk sa graciously
goverane thame in his contree, and throu his contree

10 passand, that he salbe content of thair sobir and
gracious govemaunce. To the quhilk the Duke
ansueris, that of sik weris he has nocht ado, na of
the pass settis he nocht, na lykis nocht, hot gif he
wald geve him hostage to reforme all harmes and

15 scathis that suld be done throu his men in his
contree of Hostriche for caus of the said passage.
To the quhilk the King of Fraunce ansuerd that he
aw nocht be na law of armes to do that, bot free
passage but scathe to the contree suld nocht be

20 denyit. The Duk of Hostreche allegis that he is a
prince, and free in his contree, and na man aw to
pas throu his contree berand armes in fere of were
but his leve. And forthy he will nocht, but at his
awin plesaunce, graunt leve to passe. Item the Duk

25 allegis 5it mare stark resoun that, suppos that he wald
geve leve and gude will, it is wele to wit that sik a
multitude of folk may nocht pas throu a contree but
grete scathe doand ; be quhat resoune than suld he
consent as he sais till his awin scathe of destructioun

30 of his contree, unmaid sekir to be amendit? And, to
be sekir of this amendis, to geve gude hostage him
thocht grete resoun. Nocht than the King of Fraunce
ansueris sayand that he aw nocht be law of armes na
othir lawis to geve nane hostage. And the resoun

35 quhy is, for quhen ever ony prince passis for rychtwis
caus and gude querele in fere of were he aw nocht

1 86 THE BUKE OF THE LAW OF ARMYS

to be stoppit, bot frely to have passage throu all
realmes but questioun, doand nane outrage na excess ;
and that he allegis be the law wryttin, sa that he
pas curtasly, sen it is necessitee to be done. And
3it mare stark resoun, sais the King, Faire schir, it 5
is my purpos to pas throu the contree bathe curtaisly
and suetely, nocht grevand na persone; and to pas
throu the commoun way of passage maid and ordanyt
for all maner of Cristyn man that lykis to pas in
publyk maner. Quharfore, schir, gif law will that I 10
have passage, lykis it 30W that I have it? I requere
30W but ony hostage sen lawe levis it. To the quhilk
questioun I ansuere 30U thus: that treuly the King
aw nocht to geve him hostage; bot be the rigour
of lawe he aw to have passage as is said before. For 15
the law canoun sais in the decreis that the peple of
Israel maid were apon the Amorreos, for caus that
thai wald nocht geve thame passage throu thair contree,
the quhilk is approvit be the lawis in the decreis as
caus lawfull and resonable, sen thai maid offer to 20
passe sobirly and curtaisly. And sen thai wald nocht
geve thame passage curtas with gude will, thay tuke
the passage of force, and maid grete were apon thame,
and passit aganis thair will. For, be all lawis, passagis
commouns ar ordanyt till all creature that curtasly 25
will pas, and be privilege speceale, suld be denyit to
na man, for lufe naturale and cheritee requeris it.
And 3it mare, sen it is the Kingis rycht way or
passage to pas thare away to Ungary, And the Duk
lett him of his voyage, the King of Fraunce may ask 30
him his scathis of all his clamys of his voyage, and
have gude caus and querele to mak were apon him,
be the title of fault of passage in lyke cas as did
the peple of Israel apon the Amoris.

THE BUKE OF THE LAW OF ARMYS 1 87

J-JERE speris the doctour: gif men of haly kirk suld [Capituium
pay ony tallies or imposiciouns. As thus the Emperour
will mak were apon the citeis of Lombardy; and be
caus the way is rycht lang and fer, and grete costis
5 requeris, he gerris mak tailles and imposiciouns apon
all subjectes of the Empire: than is the questioun
quhethir gif the prelatis of haly kirk that haldis castellis
and wallit townis, and grete lordschippis of the Empire,
quhethir thai aw to mak contribucioun to thir taylles

10 and imposiciouns or nocht. And as to that mater, I
will nocht mak lang process to the ansuere be caus
that it is declarit in the lawis canoune clerely and
playnly that prelatis na men of kirk aw nocht to pay FoI. 54.
tailles na imposiciouns to mak weris apon na Cristyn

1 5 blude. And the resoun is, for it war to presume, and
als it may be clerely provit, that thai war than par-
ticipand and consentand to effusioun of mannis blude,
the quhilk war aganis God and gude conscience, and
mycht be caus and occasioun to mak thame irregularis.

20 And mony othir unlefull thingis it suld inbring.

pj ERE speris the autour gif that haly kirk may move [Capituium
were agaynis the Jowis, Goddis inymyes, or nocht. And
be caus that we have before declarit quhethir haly kirk
may move were aganis the Sarra^enis. Now we will

25 declare quhethir it may mak were agayn the Jowis or
nocht lefully and laufully. And first, I ansuere that
it may be lefully and lawfully maid were aganis thame.
For the law sais that we have nane samekle a fa, na
sa evill a pestilence as a fami'ier inymy. And men

30 may wele wit and understand that nocht gaynstandand
that thai ar under us, servandis and subjectis, ^it ar
thai oure mortall inymyes. Bot thai can na better do
bot be in tribute under Cristjrn nacioun; quharfore
than may nocht, na suld nocht the pape mak were

35 againis thame and bataillis? Alssua the haly scripture

1 88 THE BUKE OF THE LAW OF ARMYS

Nou, sais, and men mycht fynd ony peple of ony citee that

anourayt the fals goddis, and maid to thame sacrifice
and oblacioun, and we mycht have knawlage tharof,
we suld sla all that kynde of men, and bryn thair
citee, that never nane ma of that nacioun suld be 5
fundyn dwelland tharein sen thai had done samekle
hourte and schame to the verray God, Jhesus Goddis
sone of hevyn, oure Lord. And tharfore, sen it is
suthe and certane that we knaw perfitely wele thir
fals Jowis, quhilkis were the murtheraris of oure sever- lo
ane Lord savyoure and redemptour of Cristin man,
nouthir trowis perfitely in the rycht faith, na do thai
till oure soverane Lorde honour service na observaunce,
to the Haly Trinitee, na to the blessit virgyn Marye,
bot expressly revyis thame, and dois all the vituper 15
thai may to haly kirk and to the sacrament. Than
quharefore suld thai be tholit, na men suld mak were
on thame and destroy thame? 3^^ ^"^ othir stark
resoun b ; for quhy the Jowis ar inymyes of the faith,
and till oure soverane Lord Jhesus Crist and his dere 20
moder the virgyn Mary, and out of the faith and of
the grace of God, and subgcttis to syn. Bot, be resoun»
quhat favour or fredome, honoure or forbcring suld
ony man have, that war a subdyt to a king or a prince,
and syne maid obedience and scrWce, and maid pes 25
with his inymyes aganis his fredomes but leve of him-

Offthe self? Item ; Jowis straiwis manifestly that thai ar oure

inymyes expresse. F isaouthir ete thai of oure mctis^
na drink thai of ourcwar)'nkis, as of w)Tie, the quhilk
is a takyn of evill willhchai have till us, that thai wald 30
have us all undone. AJssua ane othir resoun ; for quhy
that thai, but resoun or conscience nocht hafand tharof,
ado with usuris and barat, subtilitee and trechery. In all
the wayis that thai can ymagyne, thai fors thame n)T.ht
and day to begyle Cristyn folk, and to wyn fra thame 35
with slichtis thair gold and gudis, and nouthir will thay

:^

THE BUKE OF THE LAW OF ARMYS 1 89

labour the erde to mak corn is na wynis, bot ay lyfis of
the labouris of Cristyn folk, and with thame under trewis
and tributis. And thus, throu suteltee and trychery,
settis thame to conquest landis and heritagis fra Cristin
5 folk, with wylis and falshede, to mak thame pure and
disheris thame. Than wald I spere, for quhat caus
or resoun suld sik folk be sustenyt amang Cristyn folk ?
Bot now as for ansuere to this questioun, I have oft
said before, that oure Lorde, throu his benigne clemence,
10 hye grace and mekle habundaunce of merci, desyris mare
the conversioun of a synnare na the dede, sayand. Nolo
mortem peccatoris, sed pocius ut convertatur et vivat.
And alssua, he tholis nocht thair amendement na con-
versioun anerly to cum be his grace and pacience, bot
1 5 alssua of synnaris that ar Crist)m and has tane the haly
sacrament of baptesme, bydis thair conversioun fra thair
syn, and lennys thame lang lyf and sustentacioun, to
geve us ane example to thole thame, nuris and sustene,
in hope of confirmacioun, as mony and syndry ar ay
20 tumand fra thair erroure to the Cristin faith and bap-
tesme oft tymes, and alssua, he sais him self in the
haly Ewangele that the tyme salcum that thare salbe
bot a pastour and a schepe faulde, with a flok but
divisioun; for all sail convert till oure faith. And
25 3it mare stark resoun ; thai ar tholit in remembrance

of the passioun of Crist quhilk maid oure salvacioun, Noude
and to verify his sawe that he said to thame, that fra
the halyest of all haly come in erde, thair unctioun
suld than cess. And alssua he said that the septer
30 wand suld nocht be away tane fra the princis of Jowry
quhill the saynde of God, the quhilk was to be send
fra the fader of hevyn, war cummyn, quhilkis bathe
ar verifyit in thame. And forthy ar thai tholit. Bot
be caus thai may nocht to us harme, bot ar under
35 Cristyn folk as bondis and slavis, men rekkis nocht of
thame. Bot ^it wate we wele thai hate us dedely, and

190 THE BUKE OF THE LAW OF ARMYS

lufis us nocht; and we lufe thame bot lytill, na dois
thame bot litill gude.

(Capitulom
Ixiv.]

Nota.

T-JERE speris the autour qahethir gif a man may
lefully defend his wjrf be were in dede of armes. As
gif a manis wy( war be evill men assaHit of vilany, 5
quhethir hir husband aw to defend hir and mak were
apon hir distroublaris or nocht but leve of justice.
To the quhilk I ansuere 30W treuly that he aw to
defend hir be armes but ony leve of court. And
thareto is allegit resoun that is lawfull, for quhy, 10
the injure that is done to the wjrf is pertenand till hir
husband, and he salbe for hir part herd in juge-
ment, and have redress and reformacioun of lawe for
hir. Item ; and gif a man fyndis ane unhonest foule
creature hafand conversacioun with his w)rf, he may 15
avow it be the lawe to sla him furthwith for the
fylth of the syn of adultery, and he sail have na
punycioun of law tharfore. Bot and it war a persone
honest and honourable, he aw nocht to sla him.
Nevertheles and he saw or persavit him mak grete 20
repaire till his hous, and unlyklynes he mycht mak
him inhibicioun and exhortacioun to nocht mak sik
unlikly repaire, and gif he come thare atour, he
mycht sla him be the lawe, for sa is the haly sacra-
ment of mariage favourit be the lawe. For the man 25
and his wyf ar repute as to Godwart bot a flesch.
And God him self is the gardien of mariage, and
was borne under the umbre of mariage, and tharfore
biddis he in his commandement that na man desyre
his nychtbouris. wyf, for the wyf is to the husband 30
haldyn ane of the conjunct persouns.

[Capitulum
Ixv.]

J-JERE declaris the doctour how the ta brothir aw
to defend the tothir be were and in armes; as gif a
brothir fand folk invadant his brothir germane, he aw

\

THE BUKE OF THE LAW OF ARMYS I9I

to defend him. And suppos he slewe him that wald Foi. 55
ourthraw his brothir, he sail have na punycioun thar-
fore be law, na ^it alssua to defend his sister, for thai
ar all conjunct persouns. For the law has regarde
5 to the grete tenderness that nature gevis to the ta
brothir to defend the tothir, or his sister, for sa sais
the rycht lawis bathe of man and of God and nature.
Bot it is mare doutous of the defens of othir cousynis,
as germanis, or syk lyke thingis, quhilk ar nocht sa
10 nere of blude, na ar nocht callit conjunct persouns.
Nocht than oure maisteris the doctouris sais that men
may lefully defend all thame that ar of oure propre
consanguinitee, and to mak bataill for thame in thair
defens rychtwis, as be the lawis we rede. And the
15 resoun that thai pretend is this; he sais that quhasa
dois me ane injure he dois it to my frendis. Never-
theles, suppos be nature sum men wald favour that
opynioun, ^it than he wald nocht be herd in juge-
ment. And ^it a starkare resoun ; a man may be the
20 lawis defend his gudis temporale, and gif he be nocht
of power allane, he may ask help of his frendis, and
for that help do thame help ane othir tyme. And
alssua gif a frende may help ane othir to sauf his
gudis, be mare stark resoun he may help him to sauff
25 his lyf. And ^it mare, gif ony man for ony crime
war condampnyt to the dede, his frendis salbe herd
in jugement till appele to ane hyar juge for his
defens, for rychtwis defens is ay privilegit And
suppos he war nocht of blude syb cousingage, ^it
30 suld be herd in jugement as frende for frende. Bot
as lefand the opynyouns of oure maistris and doctouris,
the quhilkis ar our subtil to understand, I say trewly
that, and I saw men ourthraw my cousyng germane,
beand in my presence, I aw to defend him as my
35 persone, and sail nocht byde la we, na have punycioun
tharfore. Bot and the injure war done him or I

192 THE BUKE OF THE LAW OF ARMYS

come and out of my presence, gif I past efterwart
and tuke revengeaunce thare apon, it wald be callit
before thocht felouny, and nocht defens. Bot as in
my presence done, I salbe excusit to defend my
frende, be all oure lawis. Bot and I persewit and 5
folowit him efterwart, I suld be punyst, be the
opynioun of all oure doctouris. And sen a man suld
nocht be punyst in the first cas, to defend his firende
in his presence injurit, sa is he nocht bounde to na
subjectioun of law tharfore. For suppos a religious lo
man wald sla my fader or my broder, and I, makand
defens for him, slew the religious man or hurt him,
I suld nocht be cursit. And rycht sa, say I, that I
may do as langand my wyf, my brothir, my sister, or
my sone or my douchtir. Bot I dar nocht say that 15
I na suld be cursit gif I did it in defens of ony
othir cousing ferrar of, as said is; for as be gude
conscience we suld ga straytly in dede of oure con-
science, for gif I be a kirk man, I suld nocht law
the privilege of the kirk. Bot ^it have we till under- 20
stand of persouns that ar in nathing behaldin till us
of blude na lygnage, quhethir gif I may defend thame,
but payne or punycioun of law. Touchand the quhilk
debate thare is grete regarde and avis. For gif a
man has send efter me, and feit me, for his gudis, to 25
byde with him and kepe him, and to here him com-
pany. Trewly be the law I aw to do my body for
him, and defend but clame of chalange of law, sa
that the said defens be maid sone incontynent efter
the injure. For efter that the injure war done, and a. 30
persone war stablist in his spiritis, and his blude
caulde, than war it nocht defence, bot offens and
aide fore thocht fede. For I do bot my dett to
defend him in the tyme, sen I am feyt to here him
company and defend him. And than alssua, gif ana 35
of my nychtbouris war assailit, I mycht throu per-

THE BUKE OF THE LAW OF ARMYS I93

missioun of law help to defend him, and I mycht
suppos that I had na wagis of him na hyre na
company ; for the law favouris for cheritee defens
favourable.

5 U ERE speris the doctour, gif a baroun haldis of twa [Capiiuium

Ixvi 1

lordis his landis, and thai twa lordis has were to mak
in syndry placis, to quhilk of thaira twa suld he mak
erest service? As thus, put the cas that the Duk of
Savoye haldis handis of the King of France, and of the

10 Emperour of Almayne withall. The King of France
has were apon the Inglis men, and the Emperour
has were aganis the King of Ungary. And bathe the
King of France and the Emperour sendis him message
on a day to cum to thair service. To quham suld we

15 say he suld obeye? And as be the first visage it
semys that he suld nouthir obey to the tane na to
the tothir, and the resoun is for he may nocht pas
in twa placis, and the law sais that thing impossible
obliss na man. Na thare is na obligacioun worth that

20 is oblist till impossible thing, and thus mon he byde
at hame, sen the ta mandement stoppis the tothir, as
be the lawis civile is clerely declarit. Item ; oure
Lord Jhesus sais that na man may serve wele twa
lordis, bot he mon despis the tane, and thus is he

25 excusit be resoun of impossibilitee. Bot, as it semys
us be law writtin, he suld mak first service till him
that he tuke first land of. Othir sais that he may
help quham him lykis best. Bot as to lautee and
equitee, we hald that he suld send till his last lorde,

30 that he is last oblist to, his sone, or a chiftane, or
capitane with sik powar as he mycht gudely. And
he suld pas till his first lord that he maid first athe
till, in propre persoun, and this I traist be the veray
way, etc.

N

194 THE BUKE OF THE LAW OF ARMYS

Mtuitun 3^"^ ^^^^ speris he now, gif thai twa lordis that he
haldis his landis of has were ilkane aganis othir, to
quhilk of thame suld he erest pas till, sen he has ath
of fidelitee to thame bathe? Off this sum haldis opjrn-
ioun that he may be with quham him best lykis, and 5
be this resoun — thare is a law in civile that sais that
gif a bonde be oblist to twa lordis, and thai twa lordis
be in debate, he has fredome be the law to ga to thame
that best him lykis. Bot as for me, I say that trewly
me think be all gude faith and gude equitee, he suld lo
do as is said in the chapiter before said; that is to
say, to send sum sufficiand man till his last lord with
syk power as he mycht gudely, and pas in propre
persone till his first athe and jurement of fidelitee.
And as to the law that spekis of the twa bondis, that 15
is understandin gif he cummys in presence quhare twa
lordis debatis actualiter, he may ches him thare quham
to him lykis erest to ga, and that he best favouris, and
help him agayn the tothir. Quharfore it is gude to
lordis to do wele to thair men that thai be lufit of 20
thaim, to set lyf and gude for thame in tyme of nede.
For sen the pure man seis he may nocht send his
procuratour or depute to help the tane, and ga in
persone to the tothir, the tyme is sa schort he may nocht
FoL 56. be avisit to sett remede. Quharfor he chesis quham 25
he lufis best, and helpis to save him. Bot sen the
tothir has laiser to be avisit, and to set his substitute
with the tane and him self with the tothir, me think
he suld do it.

pjERE speris oure autour, gif a burgeis be burgeis in 30
twa syndry citeis the quhilkis makis were on othir,
quhilk suld he help? As gif a man war burgeis in
Paris and in Coloyne sur la Revme. And in every
somer sesoun held in the tane, and in the wynter in the
tothir, and had heritage and merchandice in bathe ; to 35

THE BUKE OF THE LAW OF ARMYS I95

the quhilk suld he help in thair necessitee of wens ? To
that questioun I say as before that he aw in proper per-
sone to byde with his first faith, and send his sone or
his substitute to the tothir, to kepe lautee in bathe the
5 placis at his powere.

HERE speris the doctour, gif a bonde may be con- [Capituium
. . Ixvui.]

streynit to pas in were quhen it lykis thair lorde. And
as to that, trewly I say Yha, that he may be constreynit.
For thai ar oblist to serve thair lord at his will ande

10 lyking, efter the decrete of all the lawis, sa that thai may
do that lefuUy and laufully. Bot thare is few of sik men
in Fraunce, bot in Lombardy and in Avingnon thare
is mony, and in Arragoun. Bot thare is a maner of
bondis callit libertouns, the quhilkis ar under certane

15 condicioun of bondage to mak certayne labourage on
the felde, bathe on comis and wynis, and nocht ellis.
And as of thaim, I traist thai may nocht be constreynit
to pas in weris. For efter thair nature and condicioun,
men may nocht mak new fassoun of servitute, na subjec-

20 tioun langand syk kynde of men.

HERE speris the doctour, quhat folk may nocht be [Capituium
Ixix.]

compellit to pas m wens. And as to that he ansueris,
sayand that men of age passit date of Ix ^ere, seke
men, blynd men, def men, dum men, wood men, our

25 3ong men that may nocht bere armes. Bot and a man of
grete age war othir way is prouffitable, as to be of gude
counsale and condu)rte of weris, ^it traist I that his
prince mycht compell him to be with him, and geve him
gude counsale and othir help. And alssua as of a dum

30 man, and he war stark and sturdy, and mycht wele bere
armes suppos he coud nocht speke, ^it mycht he be put
in gude conduyte and govemaunce of otheris, and do
grete gude. Quharfore, and it plesit to the prince, he
mycht wele passe. Bot as for women, certayn, albe thai

Notau

196 THE BUKE OF THE LAW OF ARMYS

never sa wele witty na hardy, thai suld nocht be com-
pellit to the wens, all war thai never sa michty, hot
wele may thai be compellit to send thair folk, with a
substitute or a chiftane or capitane.

[Capitulum
Ixx.]

Noto.

pjERE speris the doctour, gif a man has bene 5
woundit be ane othir, and he folow him efterwart, and
dyng him rycht wele, quhethir sail he be punyst tharfore
or nocht ? To the quhilk me think that nay, that he awe
nocht to be punyst tharfore. And the resoun is for he
has nocht past the termes of just defens, for sen he has 10
woundit and hurt him, he has done rycht, sa till him law
will nocht that he be punyst. For suppos in his defence
he had slayn him, law wald have haldin him excusit.
Item; quhat that a man dois in hete of brethe of ire
suld excus him that dois it. Item; he has done this 15
revengeaunce durand his breth and hete of blude. For
had he bydyn quhill on the mome, he mycht nocht have
bene excusit. Bot the law civile is in the contrair of
this, sayand that, sen he fled quhen he had hurt him, he
suld nocht have folowit him till hurt him fleand. Bot 20
nocht than, the law will that he be punyst that hurt him ;
bot in quhat maner of quhat punycioun, that is in the
opynioun of the doctouris. Bot as I traist he suld be
bot favorabily and graciously punyst, sen it was sum part
in his defens, and for caus maid, and that he was in his 25
hete. Car le^ philosopher dient que lej premieres
movemens ne sont pas en notre puissance, etc. The
philosophoris sais that the first movementis of man is
nocht at his power to resist ; and this opynioun haldis
doctouris, sayand, alssua, that had he slayn him in the 30
place quhare he set on him first, he had bene excusit be
the lawe, and suld have had na punycioun tharfore.
Bot sen he pursewit him efterwart quhen he was fleand,
sum punycioun suld he have. For than had he gude

:jn

THE BUKE OF THE LAW OF ARMYS I97

rycht ; and presumpcioun of defens of his lyf gert him
sla him. For law levis erar to sla na to be slayn.

J-J ERE speris the doctour a questioun : gif a bonde [Capituium
makis homycide or slauchter be the commandement of
5 his lord, gif he aw to here punycioun. As thus ; a
lorde has a wikkit wyf of evill nature, he tellis till him
ane of his chief bondis quhilk is a stark man, and
chargis him under payne of his lyf to sla his lady his
wyf, or ellis doutles it sail cost him his lyf. Than

10 speris he, quhethir, gif that bonde slais the lady for drede
to tyne his lyf, quhethir gif he sail bere ony punycioun
tharfore in jugement. And as tharto it semys that he
suld bere payne and punycioun. For the writtin law
sais that a bonde suld nocht do for his lord thing that

15 is dedely syn, bot sen slauchter is dedely syn, it is
clere thing that he suld be punyst tharfore. Item ; the
lawe sais it is better all the evill of the warld to suffer
na to consent to do dedely syn, and sa, to kepe this
mortale lyf of his body that sa schort quhile lestis, he

20 suld nocht consent to the syn of the slauchter of the
lady. And tharof, lo, here the first resoun. For sen
he may nocht othir wayis endure na eschape the dede,
he settis him to fulfill his maisteris bidding, and thar-
fore has he na charge, bot the charge all hale lyis apon

25 his maisteris conscience. For the law sais that gif a
man wald sla ane othir, and he may nocht othir wayis
eschape the dede bot to sla him, than trewly he is
excusit be the lawe to sla him gif he may, and sail have
na punycioun tharfore na charge of conscience be the

30 la wis. And ^it ane othir opynioun sais that, sen the
lorde is in sik will to the slauchter of his lady gif the
bonde may sla hir, and he will settis by the dede of the
lady, and anteris his awin lyf, he dois efter ane of the
dedis of cheritee, that erar he puttis his awin lyf in

198 THE BUKE OF THE LAW OF ARMYS

perile na to sla the sakeles lady. And as of thir twa
opyniouns, we suld consider the payne civile of the warld.
We wald count it lytill in the regarde of the perpetuale
payne of the tothir warld. And thus traist I that the
last opynioun is best, considerand the innocence of the 5
lady that has nocht maid caus of dede, suppos the lord
hate hir, and till him to sla ane innocent persone but
caus, I traist he synnis dedely, and suld pas till hell and
he deide in that estate but redempcioun. For thare
suld nane obedience be maid till his lord agayn the com- 10
mandement of God; bot he suld obeye till his com-
mandement that sais, Non occides ne occies ponit,
sla nocht be the haly faith. And gif it befell that his
Foi. 57. lord slew him forthy that he wald nocht sla the lady,

I say he deis verray martir and gais till hevin but ony 15
drede, for all the faith is in the commandementis foun-
dit. Thus kepand Goddis bidding, gif he be slayn he
deis for the faith, and sa is he martir.

[Capituium U ERE speris he, quhethir a bonde aw to defend him

fra his lord. As thus, gif a lord has a bonde to quham 20
he makis commandement to do thing that is agaynis
God and gude faith ; and to this the bonde sais he will
nocht do that thing, for the quhilk inobedience the lord
wald sett on him to sla him, and he defendis him ;
quhethir gif this defens be resounable or nocht. And 25
as to that, it is lyke that he suld nocht defend him, for
be the law the bonde aw rycht nocht to do, but leve of
his lorde, and sa, be the law, he aw till obey him, and
nocht defend him, na rebell till him. Bot nocht gayn-
standand this resoun, we say the contrair, for, be the 30
lawis, a lord aw nocht to sla his bonde, be law naturale,
and a lorde may nocht tak fra his bonde it that him
efferis be law of nature. Bot clere thing is that, be lawe
of nature, all man is behaldyn to sauf his awin lyf, for
all creature naturaly resistis to the dede. Quharfor, gif 35

THE BUKE OF THE LAW OF ARMYS 1 99

his lord wald tak the lyf fra him, but drede he is be-
haldin to defend him, and to revenge his dede at all his
powere agayn him that wald sla him. Item; mare
stark resoun, for, gif a man gaynstude nocht his dede,
5 and revengit him agaynis him that wald sla him, we
wald say he war consentand of his awin dede, and than
war he homycide, and man slaare ; and, be the law, aw
to be put to dede for his consenting till his awin dede,
and he defend him nocht. And sa suld he bathe be
10 condampnit efter his dede, and thus forffet he bathe the
body and the saule, in syk like cas as he had slayn him
self. Quharfore we conclude that lawfully he may de-
fende him.

UERE speris he ane othir questioun; quhethir gif ane [Capituium

Ixxui* 1

15 abbot wald slaa ane of his monkis, quhethir aw he to
defend him agayn his abbot, and to revenge him. To
the quhilk he ansueris, first that nay, he aw nocht to do
it, for sik men as monkis ar repute as dede fra the
warld away, as sais the decreis and the civile lawis.

20 £ot clere thing is, but questioun, that be all lawis a
dede man suld mak na revengeaunce, and sa than suld
nocht a monk defende him. Item ; we say be the law
that a monk has na self will, bot anerly the will of his
abbot that he ordanis him. And than apperis it be

25 law clerely that he suld nocht rebell him, na gaynstand
him, na revenge him that aganis him, but his leve
and gude will. And it is wele to trow that agayn him
selff he will nocht geve him nouthir leve na gude will,
to revenge agayn him. And tharfore as to this debate,

30 we think that gif the abbot wald outhir ourthraw his
monk, and schape him to dyng or sla, and the monk
mycht nocht othir wayis escape the dede, he aw of law
naturale to defend him aganis his abbot, or ony othir
persoun that wald put him to dede, but ony leve na

35 consent of ony persone. For quhy, law naturale has

2CX) THE BUKE OF THE LAW OF ARMYS

grauntit that privilege till all creature naturale, to gajrn-
stand and resist to thair undoyng. And alssua all the
lawis of the warld accordis thame thareto. For we se nat-
uraly all kynde of beste or foule that is form3rt be nature,
that naturaly thai defende thame self at thair power 5
and strenth. And than, quhy suld nocht a man that
has resoun and knaulage resist and gaynstand his dede?

fCapiiuium J^ERE speris the doctour ane othir questioun;
quhethir gif the sone suld defend him agayne his
fader, gif he wald sla him, and be law we think nay; lo
for quhy, be the law civile the fader has his bamis all
under his power and cure ; for quhy, he may do quhat
he will with thame. Item ; the lawe levis the fader for
certane caus and resoun s express in the law to sell his
sone, than als wele may he sla him, or ony othir wys 15
that him lest do with him. Item; oure Lord in the
aide testament gevis a clere ensample till us that we
may mak sacrifice of oure bamis, as he maid commande-
ment till Abraham that he suld do with his sone Ysaac,
and techit him all the facioun as is contenyt in the 20
bible. Item ; it is clere thing that the sone suld be
chastisit be the fader, na aw nocht the sone to revenge
him aganis his fader. And as to this questioun,
treuly the fader may bathe sell and wedsett his barne
for certane caus, and alssua chastis him mesurabily. 25
Bot and he war sa cruell in his chastisement that he
wald excede mesure to sla him, and he mycht nocht flee
fra his fader, na othir wayis eschape, I say, treuly he awe
to save his lyf and defend him, and revenge him agayn
his fader. And the resoun is this ; for the rycht that the 30
fader has atour the sonne cumis de jure gentium, that is
for to say, of the law of the peple, that is nocht law
natural, bot of law civile, and mannis law maid be
mannis wit. Bot the lawe of defens of a mannis person
cummys of the law of nature, to the quhilk thare is na 35

THE BUKE OF THE LAW OF ARMYS 201

law of man that may mak prejudice ; for law of nature is
the lawe of God, the quhilk is hede and principale of all
lawis.

JJERE speris the Doctour, gif a man may rychtwisly iCapituium
5 defend him fra his juge and aganis him. And as be
the first visage, it is sene that nay he awe nocht to do
it. For the lawe sais that a man aw nocht to defend
hym agayn his juge. Item ; the law canoun sais in
the decreis that he that makis resistence aganis his juge

lo he makis aganis his God, the quhilk has ordanyt bathe
juge and justice to be. And thus suld na man gayn-
stand him in sa fer as he dois rychtwisly. Bot here
as to this questioun I ansuere as before, that gif a juge
wald be way of dede, and nocht be way of lawe, sett

15 him to ourthraw a man wrangwisly, and he mycht nocht
othir wayis eschape the dede, na mycht nocht flee, in that
cas he may lefuUy and laufully defend him. And nocht
gayustandand that a glos of law civile sais the contrair,
3it treuly, as be the law of nature quhilk is unmutable

20 and un variable, and foundement of all lawis, I say he
may defend him lefully, and sauf his lyf again his juge
and he wald invade him be way of dede. Bot saufand
a mannis lyf, he mycht get remedis, alset his juge wald
wrangwisly ourthrawe him. For he may appele to the

25 soverane court, and get resoun and law of the judge,
suppos he had done him wrang, etc

HERE speris the doctour, gif a man, banist out of a [Capituium
IxxvL]

realme, war fundin agayn cummyn in the realme atour
his bannysching, and men wald sett on him to tak him
30 or sla him, gif he mycht defend him resonably and
lefully, or nocht. And as to the first visage, he previs
that nay, he aw nocht to revenge him. And be this
resoun, for the lawe sais that men suld nocht gayn-
stand till a rychtwis violence. And sen this is clere

202 THE BUKE OF THE LAW OF ARMYS

Foi. 58. thing, that be law he may outhir tak him or sla him,
quharfore he aw nocht to gaynstand him. For suthe
it is that the prince has gevin bidding and power to
all persone that may our tak him to tak him or to
sla him with force or violence ; and this power is gevin 5
generally to all publyk persoun, that is to say, all com-
moun officer. Bot in this cas, quha ever may be
maister, our him is a commoun officer to the king, be
his cry. Quharfore he aw nocht to defend him aganis
his takaris. Bot as langand this mater, quhat ever 10
thing that thir doctouris sais, the quhilkis assignys
mony resouns and subtile argumentis, I say, nocht
gaynstandand all thair argumentis, that the man is
behaldin to defend his lyf, and aw to sauf him fra the
dede bathe lefully and lawfully. For suld he cowardly 15
ly doune and lat thame sla him than war he bathe caus
of his dede corporale and spirituale. Bot ^it say I
nocht na and he slew ony man in his defence he suld
be puny St as man slaar, sen he was be justice bannyst
the contree. Bot and he mycht eschape fra thame, but 20
prejudice of his lyf, he suld nocht sla his persewaris.
Bot for to sauf his lyf, gif he mycht na better do, I say
treuly that, and thai wald sla him, he suld defend him. -
And erar gif ony suld be slayn he suld sla na be slayn.

tcapituium J-JERE sperfs the doctour; gif a preste be assailit be 25
his inymyes, berand Goddis body on him till a seke
man, quhethir he aw to lay fra him the sacrament and
defend him be were defensable, and leve in perile
the seke body but sacrament to dee in perile of his
saule ; he beand redy to geve the sacrament, thai 30
strike on him. And, suld he geve the sacrament, he
tynis his lyf; and, suld he nocht geve the sacrament,
the saule is in perile of the seke man. And as to the
opynioun of doctouris, trewly, thai say, that better
war to the preste to geve the sacrament to the seke 35

^..\n:r

THE BUKE OF THE LAW OF ARMYS 203

man and sustene the dedis woundis, na to put the saule
in perile, and defend. The resouns quhy ar thir : the
sacrament of the altare is necessary to the salvacioun of
man. Than, gif the seke man gettis nocht his sacrament,

r 5 his saule is condampnyt perpetualy. Bot we say all that,
for to sustene the temporale dede, men suld nocht ger a
persone be dampnyt perpetualy. Than suld the chapel-
lane erar sustene the dede na to ger the seke mannis
saule be condampnyt, and to tak it in pacience for the

10 lufe of God and for charitee. Item, be the lawis of
God, a man suld lufe his nychtboure as him self. Bot
than gif he lufis better his awin lyf na his nychtbouris
saule hele, he kepis nocht the commandement, for,
doutles, thare is na man bot he wald his nychtboure

15 sett his temporale lyf to save his saule that othir way is
suld be perist and dampnyt perpetualy. Quharfore
he suld do as he wald his nychtboure did till him, or
ellis he dois nocht efter the haly writt of the grete
commandement of the lawe ; that is to say — lufe thy

20 God our all thing, and thy nychtbour as thy self. Item,
the wryttin law sais that quhen twa evillis concurris
togeder, than suld wis men tak the leste evill of the
twa. Bot, sen less evill is the temporale dede na the
spirituale, the preste suld erar will that na his awin

25 lyf. For sum tyme mon he dee, and to dee wele is
grete grace and faire fortune, bot he that deis in sik
cas deis with God, and his saule is sauf, and deis wele
for charitee, and gais in paradis ; and thus he suld erar
ches the dede, na to leve God and the seke man, and

30 to defend him be armes. And here as to this opynioun,
certaynly it pies nocht men. For quhy, this opynioun
haldis that gif a man deis, nocht ressavand the Sacra-
ment of the altare, that he is dampnyt, the quhilk
opynioun is nocht suthe, for mony haly men ar decessit

35 in the Cristyn faith, nocht ressavand at thair ending
the body of God. For thare was nane bot untreuthfull

204 THE BUKE OF THE LAW OF ARMYS

men that was thair tormentouris to geve thame the
sacrament,' at SaDct Petir, Sancte Paule, Sanct Johne,
Sanct Androw, Sanct George, Sanct Stephan, with
niony a thowsand haly men, as hermytis and otheris,
that had fled fra the tyrany of wikkit kingis and Em- 5
perouris, and lyvit in desertis quhill thai war dede, and
nouthir spak with preste na clerk na tuke sacrament ;
and ^it wate we wele thai ar haly Sanctis in paradis,
be the grete and unnowmerable myracleis that thai
have maid sensyne in this erde. Bot, nevertheles, I 10
say nocht na to mannis saule hele the sacrament of
Goddis body is necessarie and spedefull. Bot, gif
thare war ony mystrowand men, as evill Cristyn men,
that mycht tak it and thai wald, and has bathe kirk,
and preste, and sacrament, and redy service at his 15
awin commandement, I say, and he tak it nocht, he
is condampnyt, gif he levis it untane for despising of
the sacrament, as dois Jowis, LoUardis, and unfaith-
full men. Bot suppos a faithfull man be oursett, and
our thrawin with sudayn dede, and fayn wald have it 20
and he had laiser, as be see or be land, with thevis or
rebaris, or in bataill, or sudayne passioun of dede our
tak him, he sail nocht be forthy condampnyt, suppos
he tak nocht the haly sacrament of Goddis body. And
tharfore say I that this sacrament is nocht necessaire 25
in the last day to mannis salvacioun, sa that he be othir
wayis ferme in the treuth. Bot, as belangand the
sacrament of baptesme, that is necessair but ony were.
For but baptesme may nane be savit, as be the new
testament. And in lyke cas as of the sacrament, I 30
say of the baptisme. For gif a new borne bame war
in perile of dede, and a preste was in the place redy
to geve him the haly unctioun of baptesme, and his
inymyes come on him to sla him, and that thai pressit
him sa nere that outhir him behufit to be slayne or 35
ellis to leve the barne unhovin; certaynly, I say that

-.:^

THE BUKE OF THE LAW OF ARMYS 205

he suld erar tak in pacience the dede na to leve the
bame unbaptisit. For, as othir tymes we have said,
it war better the temporale dede na the spirituale : for
the ta way is salvacioun to bathe the saulis, and in the
5 tothir cas the saule of the tane is tynt. And this is
the opynioun of oure doctouris, be a chapter in the
decreis callit Duo mala, etc. And thus is less evill the
prestis dede, that is bot a lytill scathe sen his saule is
sauf, na the tynsale of his saule for his negligence, and
10 the bamis saule bathe.

T-J ERE speris the doctour, quhethir gif be way of mark [Capuuiom

Ixxviiia]

a man may be enprisownyt that maid na caus of evill ;
that is to say, gif that, quhen a man of the realme of
France may nocht get law na resoun of a man of Pro-

1 5 vince that haldis his gudis wrangwisly fra him, he gettis
a lettre of leve to tak ony man of that contree, mar-
chand or othir, that he may ourta, and haldis him
prisoner quhill that gude be' payit agayne till him. And
thus may men move were, to ger resoun be done to men

20 that wrangwisly haldis othir mennis gudis in strange Foi. 59.
realmes quhare law may nocht be gottin of thame.
Than is this the questioun ; quhethir sik leve may be
levefully gevin be a king, and were tharefore maid, etc.
To the quhilk mater, we say that this thing is nocht in

25 oure lawis commandit na ordanyt to be done. Bot
quhilom it is tholit, suppos it be rycht hevy to thole be
the lawe that ane innocent roan that maid never caus of
evill suld be punyst for ane otheris trespas, the quhilk
may never be tholit be gude lawe na resoun, bot it is

30 condampnyt be lawe as thing unresonable. Bot justice
has ordanyt that, gif a man of Paris has askit justice at a
man of Florence before a competent juge, and he think
that the juge wrangis him in his jugement, and dois him
nocht rycht law na justice till his our man, he suld ap-

35 pelle, and ask that fals jugement to be annullit, and new

206 THE BUKE OF THE LAW OF ARMYS

sentence to be gevin for his rycht of that hyar juge.
And, gif that hyar juge dois him na rycht, he sail appele
to the king, and he sail ger do him lawe and redress of
that fals jugement. Bot to say that a gude lele man
suld be destroyat for othir mennis dede, trewly me think 5
it na resoun, na I can fynd be na lawis to defende that
opynioun. Bot sen it is a thing brocht up amang lordis
and men of gude townis, we may mak sum colour thar-
apon to cover the custame that the lordis and otheris
has brocht up in that mater. As gif, for caus that a 10
merchand of Ingland has dissavit ane othir and cummyn
and duellis in Paris or in Flanderis, the king gerris ar-
reste that man, and put him in prisoun quhill that thing
be amendit and payit : as gif ane Ynglish man hatit a
merchand of Ingland, and he wald get a grete soume of 15
his gude, and cum and duelle in Bruges or Danskyn,
and the king of Ingland wald ger arreste the merchandis
of Flaundris in London quhill that mannis gude war
restorit agayn, gif nane othir law coud be gottyn and
rycht sa of Dancekyn ; or gif a merchand off France 20
wald begyle ane othir, and pas in Ingland, wenand, for
caus of the weris, to be haldin thare and nocht do
resoun, and the King of Fraunce rycht sa gert arreste in
Bruges or in the Rochell the Inglis merchandis quhill
that fault war amendit. And trewly this is a poynt of 25
fors and of were, for in law writtin we fynd it nocht ;
forthy it is commendable that a prince fynd lawis of sub-
tiliteis to ger law and resoun be done quhare men fleis
the law, and sett remedis till all new weris of wrangis
that cummys dayly before him in his court, sa that he 30
and his counsale be prisit and honourit, and has los for
the grete justice and equitee that cummys fra him till all
men.

(Capituium UERE speHs the doctour, how and in quhat maner

IXXlXaJ

suld marc be gevin? That is to say as thus, thare 35

THE BUKE OF THE LAW OF ARMYS 20/

cummys before the Emperoure a man say and that, as he
come with his merchandice fra Myllan till Ast in Almane,
thare was tane fra him x™ pecis of golde be the Duk of
Savoyes men, marchandis or othir, of the toune of Gen-
5 ever ; and thare fyndis the counsale of the Emperoure
that thare is a man in Ast in Almayne that aw till a mer-
chand of Savoye duelland in the toune of Genever
X thousand ducatis, the quhilkis thai arreste, and puttis
in the hand of justice quhill thai gudis be restorit agayne

lo that was tane fra the merchand of Ast. And thus, be
the way of punycioun of innocent men that maid na caus
of evill, the princis mon pratik the granting of mark to
ger resoun be done. Than at the request of that in-
nocent marchand of Genever in Savoye, the Duk of

1 5 Savoye gerris spere and inquere stray tly quha has maid
this ref or distress, and fyndis the doaris and punysis
thame rycht wele tharfore, and thus be unrychtwisnes
cummys quhilum resoun that ellis wald nocht cum.
And thus suld kingis or princis here the parties resouns

2o — that thai had gude faith for thaim — or he grantit
lettres of mark, and for quhat occasioun he sperit the
resouns first, that it war nocht throu subtilitee of malice,
but gude faith, or gude occasioun and lyklynes of gude
faith. And this is ay understandin, gif thai lordis of the

25 justice defendis maliciously the ref, and is nocht wilfull to
mak reformacioun and redress, and ^it suld a prince, or
he geve lettre of power to tak mark, he suld wryte to the
lord of that place or to the justice, and declare thaim
the wrang, and ask first law and resoun. And gif na

30 law coud be gottyn, than is the mark to be grauntit
resonabily, gif thai will nocht do justice, etc.

JJERE speris the doctour, how suld mark be gevin [Capituium
aganis a citee that has na lord na soverane prince atour
thame, that thai avow till, bot thame self? As, gif the
35 citee of Florence has grete soumes of gudis of a mer-

208 THE BUKE OF THE LAW OF ARMYS

chand of Paris, how suld mark be grandt thereapon
agayn the citee of Florence ? For as before said is, men
suld first pas with lettres of instaunce, askand first jus-
tice at thair lord and soverane. For nocht gaynstand-
and that thai aw of rycht to be obeysand and subjectes 5
to the Empire, ^it do thai it nocht, na will nocht obey
till him in na maner of wis. And to say that a noble
marchand of Paris suld pas before thair Potestate of
Florence, to ask resoun and move plede before him
that is a soutare, or a skynnare, or a tailloure, quhilk ar 10
sa full of pride that thai were the gold and the sylk, as
thai war the knychtis or grete lordis ! Trewly, I traist,
thare suld be small redress, and bot ane unproufitable
plede, considerand that it is a man of the self toune that
has the gudis. And this is the questioun than, quhat 15
sail the King of Fraunce do to this merchand that askis
him lettre of powere of mark ? Certaynly, me think, gif
the king has na were opin agaynis thame, he suld first
wryte to the Potestate of Florence, and tell him the cas,
and ask him reformacioun and redress be lawe and jus- 20
tice : quhilk gif he dois formabily, the king aw to be
content. Bot and the king war sufficiently informyt that
he did bot scomyt the merchand, and mowit the lettres
of the kingis, and did na lawe, na maid na redress, sen
thai have nane othir soverane, as thai hald, bot ar lordis 25
in thame self, than suld the king graunt lettres of mark
aganis the Florentynis, that quhare ever thai mycht be
ourtane within the boundis of Fraunce, that thai war
arrestit and thair gudis, quhill the merchand of Paris
war content bathe of the principale, and of the scathis 30
and costis. The quhilk occasioun is imput to the
Emperouris, that the foresaid citee is nocht obeysand to
the Empire, for and the Emperouris did thair dett thai
suld ger it obeye as othir dois, etc.

THE BUKE OF THE LAW OF ARMYS 209

Y[ ERE speris the doctour, gif ilke lord may geve lettre [Capjtuium
of leve to tak mark, as lordis, symple lordis. To the
quhilkis he ansueris schortly, that nay, nocht ilke lord.
And the resoun quhy he assignis, sayand that mark is
5 in sum part haldyn as a kynde and maner of were. And
sen na man, lord na othir, may nocht juge were to be
movit princis, thare may na lord na othir juge geve
lettre of powere to tak mark, bot anerly princis and
kingis that has na soverane lorde abone thame in that

10 part, bot be caus that, as the warld is now govemyt, FoI. 60.
mony has jurisdiccioun and seignoury be way of dede,
and nocht be way of lawe, and takis to thame bathe
jurisdiccioun ryale and imperiale, suppos thai have bot
lytill evin. Bot as to the king of France, he may and

15 aw to do and us all powar and privilegis ryall and
imperiale, but prejudice of the Empire, na that man may
say that he occupyis ony fredome tharof.

UERE speris the doctour a questioun apon this icapituium

lxxxii.1

mater precedand; how it may be sustenyt that the
20 king of Fraunce has na soverane, na that he is in
nathing subject to the Empire. Than mon we se
be quhat resoun it aw to be sa. For first and for-
mest, I sail preve that he aw of law and resoun to
be subject. For the writtin law sais that in all this
25 warld thare suld be bot a lord and a prince allan-
erly. Than mon that be on nede force the Emperour,
for he is and awe to be king of kingis, and soverane
atour all erdly kingis and naciouns of the warld. And
forthy the lawis >vrittin callis him prince and soverane
30 lorde of all the warld. And specialy and expressely
all the lawis civile sais that all the naciouns that
ar in this warld, bathe Cristyn and hethin, Jowis and
Sarrajenis, and all othir mistrowaris creaturis ar all
subject to the Impire, and with that, all the princis

o

210 THE BUKE OF THE LAW OF ARMYS

of the warld rycht sa ar subject to the Emperoure.
Ande tharof makis nane excepcioun, nouthir of the
king of Fraunce nor nane othir lord of all this warld.
Item, le3 loy3 dient — Alssua the lawis sais that the
grete God of hevin maid twa lumynaris in the hevin 5
that ar callit the grete lumynar and the small lumy-
nar, the quhilkis are the sonne and the mone, that
illumynis all the warld; that is to say, the sonne
apon the day, and the mone apon the nycht, as to
the comparisoun of the quhilkis, he has maid twa lo
grete princis in this warld to the governance of the
warlde, the quhilkis ar the twa grete digniteis as ar
the pape and the Emperour, the pape apon the day,
that is to say, to schyne in govemaunce of spiritu-
alitee of oure saulis and of the Cristyn faith, and 15
of all the govemaunce of the haly kirkis, ande the
Emperoure to be govemour of all erdly temporale
mundane thing; off the quhilkis twa digniteis thare
is grete langage maid in haly writt, sa that na man
may deny na this is suthe autoritee. Than, sen be 20
the ordynaunce of God thare is bot the twa suerdis,
the quhilkis oure lord said in the tyme of his pas-
sioun sufficit, how may than be sustenyt that the
king of Fraunce be nocht subject to the Empire?
Item, 3it a stark resoun; we se in all govemaunce 25
of all thing that is in this warld, we se a hede and
principale govemour. For quhy, be way of nature
bathe and of gude govemaunce, thare is ay in plural-
itee confusioun. And namely in pluralitee of princis,
for, as sais oure autour — the soverane philosophour 30
Arestotill, pluralitee of princis ar all evill, and thar-
fore suld thare be bot a prince. As gif a bataill
war sett, and thare war mony maisteris and princis
govemand, bot gif thai obey all till a hede, it is
sene oft tymes nocht wele cum to propos. And gif 35
in the govemaunce of ane houshald thar war na

THE BUKE OF THE LAW OF ARMYS 211

cheif, trewly, quhen the hede scule failis, the gover-
naunce eftenvart is sene full small. And alssua, be
thare nocht a patroun in a schip, to quham all an-
suere and obeye, the schip is nocht lyke to cum to
5 gude havin. And as to this, oure lord God gave us
ane ensample quhen he led his peple in the desertis
and fed thame with hevinly fude, ^it maid he a prince
and ledare of thame to governe thame — that was
Moyses, to quham he gave anerly the govemaunce,
lo quhilk was hede. And with this he gave ane othir
ensample quhen he gave the governaunce of Archa-
Noe till Noe, and maid him chef hedisman to gov-
erne the schip. And thus callis all wys men the
rycht govemaunce of wit and wisdome. And thus
15 gif that all wys men, the princis of the warld, con-
formyt thame nocht to God in this cas, it war nocht
lyke that thai folowit the trade of oure lord, quhilk
all his accioun was oure instructioun. And all writtis
of prophecy, and lawis of the faith and the Ewan-
20 gele was writtin for oure doctryne and teching Quia
omnis Christi accio est nostra instruccio. Et omnia
quecunque scripta sunt ad vestram doctrinam scripta
sunt : for all his writtis and all his werkis was for
oure instructioun and teching. And gif it war sa,
25 that every man suld lyve efter his appetite and singu-
lare desire, the warld suld nocht be wele govemyt.
For efter the condicioun of the peple quhilkis ar sum
wele, sum evill inclynde, sum wald do justice, sum
injure, sum greve his nychtbouris but caus, and preve
30 to be a passe maister, sa that, bot gif thare war a
soverane to quham all men suld have recours to sett
remede of lawe, all the world wald worth to nocht,
but reule of gude govemaunce, quhilk war agayne
the Makare Almychty. And nocht gaynstandand that
35 thir resouns ar stark and gude, jit will we say sum
thing for the tothir party, and that the king of

212 THE BUKE OF THE LAW OF ARMYS

Fraunce is in nathing subject to the Empire, to the
quhilk approbacioun men sail fynd gude resouns asd
mony in ane othir place of this ilke buke, suppos
it was put thare till ane othir purpos. And here the
resoun, in the quhilk he foundis him. For quhy, suthe S
it is quha will seke the begynnyng of the inhabi-
tacioun of Fraunce thai sail fynd that the Franch-
men are cummyn of the grete Troye. For as the
storyes sais, quhen the grete Troye was destroyit,
thai come first to the realm of Panoum, the quhilk lo
is now callit the realm of Ungary, and thare thai
biggit, in a contree callit Sytie, a citee callit Sin-
cambre, efter the quhilk name of that citee that thai
higgit, thai war callit Sincambryanis. And thare, drede-
les, thai occupyit that duchery honourably wele, to 15
the space of xv hunder 3eris, in samekle hye and
grete honoure that thaire duk of Syncambrianis was
govemour of all thai contreis, and was lorde and
S)Te our all thai contreis nere about him, for all the
space of the tyme before namyt. And men redis scl- 20
dyn in stories a nacioun of sudane aventurous be-
gynnyng till have had sa honourable and lang enduring,
na Icsting as thai thare had, (^uhill on a tyme that
the Emperour, callit Valcnt)'nian, had were aganis a
kyndc of men callit Alaynis, the quhilkis was of syk 25
mychtis that the Emperour mycht nocht our -cum
thame. And sa send he to the duk of Syncambre,
and requerit him to be in his help, and bring with
him the Syncambrianis, and sa thai did gladly. The
quhilk Emperour, throu the help and the vailliaunce 30
of thai S)'ncambrianis, our -threw and undid, and put
doun all that nacioun of Alanis, as wele is kend
and suthcly approvit be all the maist trew and aide
stories. And throu that service the Emperour fred
thame and callit thame franche men, that is to say 35
free men fra all subjectioun, and servitute of tniage.

.rf.

THE BUKE OF THE LAW OF ARMYS 213

the quhilk thai payit of before to the Empire. And
quhat sum ever othir allegeaunce or interpretacioun
sum invious folk wald mak aganis the fredome of
Fraunce, traist wele it is trwe that thus thai wan
5 thair fredome, and war callit Franchemen before the Foi. 61.
tyme that thai come in Fraunce to duell, for Fraunce
was callit than Gallia. And that name of fredome
thai gat be the mouth of the Emperour Valentynian
foresaid quhilk gave thame thair fredome. And thus,

10 quhen thai come in Fraunce to duell, thai changit
the name that Fraunce had than, and callit it efter-
wart Fraunce, as it is 3it and lyke ever to be. And,
as at the first cummyng, thai conquest first Bur-
gone, quhilk was than callit a realrae, and callit the

15 king ryke of Burgoyne, and sa dounwart in Gaily, and
wan all, and was lordis hydirtillis ; and this was be-
fore that Gaily was cristyn, na ^it na was mony a
3ere efter this. And syne, behald that the Emper-
oure that than was had na superioritee of Gaily, na

20 was nocht under na subjectioun na truage till him.
And thir ar twa grete poyntis : that thai war con-
questable, sen nouthir thai helde of God, na of the
Empire. And thus wan thai this realme of Gaily,
that now is Fraunce, throu force of armes wortliily,

25 quhilk was under subjectioun of na man, bot habil
tilbc conquest be the suerd, the quhilk thai conquest
and haldis jit as freid be the Emperoure. That
power than had, quhilk fredome thai have ay sen-
syne manetened, and haldin ay better and better
30 worthily, be wit, wisdome, and strenth of armes.
And tharfore quha wald wele consider wald never
say that the realme of Fraunce war subject to the
Emi)ire, na that the king of Fraunce occupy is wrang-
wisly the privilegis imperialis. And of this mater
35 movis the doctouris mare to speke be caus of the
tyrane Lombardis, the quhilkis will nocht obey to the

214 THE BUKE OF THE LAW OF ARMYS

Emperour, sayand that sen the king of Fraunce
obeyis nocht, hot occupyis the fredomes of the Em-
pyre, alswele may thai occupy thame be the samyn
resoun. And thus wald thai cover thair malicious
tyranny. And gif ony jurist or legist wald allege that 5
thare is nane Emperoure that may mak alienacioun
of the privilegis imperialis, I ansuere him that I
traist wele now he sais suthe sen efter that the Em-
pire 3ede be electioun. Bot before that tyme, it 5ede
all be lyne of heritage and successioun, and than 10
mycht thai do as othir lordis dois with thair propre
heritagis. For ellis war it litill of valure the privi-
lege that the Emperour has gevin to the haly kirk
of Rome of all the patrymonye of the kirk with
the ilis in the see and othir fredomes mony. And 15
tharfore, sais the doctouris that it war grete foly to
say that the donacioun ne war nocht gude that the
Emperouris has maid in the tyme that the Empyre
passit be successioun of lygne. For all the doctouris
and the lawis accordis in that, that the Emperoure 20
is veray lord of all the patrymoyne of the Empire,
with the appertenence, and has verray donacioun and
seignoury tharof, and may, be the lawis, bathe geve
privilegis, and mak lawis and alienaciouns, for sa
sais the lawis civile. Than mon we bathe hald that 25
the king of Fraunce is rychtwisly privilegit, and the
pape verray lord of the patrymoyne of haly kirk.
Than may we say laufully that the king of Fraunce
is laufully privilegit, and his realme, be Emperouris
hafand power, and the fredome of Fraunce confer- 30
myt, and alssua that the haly kirk is rychtwisly feft
of the patrymoyne and privilegis gevin be the Em-
perour Constantyne, of the quhilkis the pape is verray
lord temporale and spirituale. For gif the Emperour
mycht nocht geve privilegis and lordschippis, thai 35
tymes, to thame that was worthy and that maid him

;;Jii

THE BUKE OF THE LAW OF ARMYS 21$

gude caus and service to the defens, conquest and
manetenyng of the richtis of the Empire, as did the
foresaid Syncambrianis, quha walde do honour or
service to the Emperour, na manetene his fredomes
5 na possessiouns ? Na may na wys man say na the
suerd of powere imperiale is gevin to the Emperour.
And that is in significacioun and takenyng that he
has power our all temporalitee, to chastys and punys
mysdoaris, and of donacioun, and of seignoury to

lo tak vengeaunce of Goddis inymyes, gif thai wald
invade the Cristianitee. And to do and geve hon-
oure, worschip and glore till worthy and noble men,
efter that he had provit thame and knawin thair
worthynes, to mak thame gift and rewarde, and

15 warldly honour and worschip tharfore; and with lord-
schippis of the erde avaunce thame, to ger thame,
quhat throu honouris and privilegis, quhat throu giftis
and lordschippis, be mare curageus to do service to
the Empire and to the haly kirk in tyme to cum.

20 Item, the king of Fraunce and the realme, with the
peple, lordis and noblis of Fraunce was fred, privi-
legit and anoblyd to mare hye fredome, and worthy
honour and los be Charles Maigne the Emperoure
and King of Fraunce, as othir tymes I have spokyn

25 in this buke, suppos it was till othir purpos. The
quhilkis thar was fyve S5^dry kingis of Fraunce, efter
him succedand, doune be lyne of heritage. The
quhilkis all was Emperouris and kingis bathe of
Fraunce, and helde the said king realm and peple

30 ay in thair foresaid fredome, but questioun or de-
maund, that never man, efterwart mycht, na may
fynd na cronikis na writtis the contrair; and ever
has bene in this fredome fra the first king that ever
bare croune in Fraunce. And here atour, the pape

35 beris witnes in his decretalis that the king of Fraunce
haldis of nane erdly king of the warld na tempor-

2l6 THE BUKE OF THE LAW OF ARMYS

ale. And to say that the pape wald lee in his lawis
of haly kirk, and gif ony envious adversare of
Fraunce wald say that, peraventure, the pape that
maid . that decretale was Franche borne, I ansuere
hym treuly that was he nocht. For he was, but 5
dout, borne of the toune of Senes quhilk is of the
tong of Lombardy. Item, pape Innocent, quhilk maid
the glos of the decretalis, sais that the king of
Fraunce is nocht subject to na king of this erde,
nouthir Emperour na othir, bot he is the papis man ; lo
the quhilk the noble doctour Johan de Lignan re-
hersis in his bukis. The quhilkis resouns and allege-
ancis I say, nocht for fleching na flatery, bot for
ground of lawtee and of veritee. And ^it I say
mare na before, that it is nocht expedient, na prof- 15
fitable for the fayth of God na haly kirk, na for
the Cristianitee that he war subject to the Empire,
and my caus is this. For quhy, we fyhd in haly
writt xxii antepapis, of the quhilkis thare is few that
was of thame na the Emperouris that was in thair 20
tymes sustenyt thame agayn the rycht pape in thair
scisme. And suppos that sum of the trew verray
papis was Franchemen, all the verray papis was nocht
of Fraunce. And tharfore, and the king of Fraunce
had been subject to the Empire, and the subject 25
had bene als evill to the haly papatis as the maister
man was, the Cristyn faith had standin in symple
state; for certaynly all the warld had bene the werr.
Item; se quhat grete jurementis the Emperouris after
Charlis Maigne has made to the pape, aganis the 30
unfaithfull inymyes of God, and before him alssua
all bot thai off Fraunce ! And ^it Fraunce has kepit
a better part to the papis na the Emperouris has
done. And quha will behald and se the stories and
cronykis of thai tymes, se quhat conquestis Em- 35
perouns has maid for the faith, and the honour of

THE BUKE OF THE LAW OF ARMYS 217

the reverence of Almychty God, and 36 sail fynd full
fewe. Bot se quha wan the daulphynage of Fraunce,
or the principate off Orange, the contree of Vienne,
the realm e of Arragoun, the realme of Axle and of
5 Nerboun and of Carcassoune, the parties, landis, and
lordeschippis of the knychtis of Genuis, of Bor-
deaulx, of Girounde, and of Barssalone, de Navarre, Foi. 6a.
de Lyons, and of Mount Partus, and the maist fors
of all the out merchis of the realmes of Spayne !

10 Certaynly nane othir bot gude King Charles Maigne
and his successouris, kingis of Fraunce, nocht con-
quest fra Cristyn blude, bot out of the handis of
Sarra3enis that occupyit thame in thai tymes, as all
men that lykis to here or rede aide stories may

15 clerely se. Than war it lyke to be unsemand that
tliis maist Cristin realme war in ony thing subject
to the Empire that lytill gude or nocht has done
to the augmentacioun of the Cristyn faith, bot ay
manetenand scisme, as said is, again the kirk. Bot

20 Fraunce has ay kepit and manetenyt the faith our
all Cristianitee, and the pape and the haly kirk, ay
sustenyt of Jhesus Crist in thair rycht, and ay bene
protectour and defendour to thame. And trewly than,
be the ordour of gude policye, it war unworthy that

25 thai suld be lordis that has ay misgovemyt, and thai
that had ever wele and lovably governyt war sub-
jectis. Bot sik men ar worthy to be lordis quhilkis
can wele governe thame self and otheris, and kepe
thame fra failleing. And syne lat ony quha lykis

30 to rede or se stories of aide ancestry, and thai sail
never fynd that ever Fraunce sustenyt outhir scisme
or herisy. Bot treuly I have red in stories that ma
na X Emperouris that all was manetenouris of fals
scismatikis and heritykis, ande hery tikis and scis-

35 matickis thame self. Than war it worthy, God wate,
to geve to sik men the superioritee and soveranitee

2l8 THE BUKE OF THE LAW OF ARMYS

of sik a maist noble realme to thame that coud
never wele goveme thame self in vertu? etc.

[Capitaium JJERE speris the doctour, quhethir the king of Ing-
land be suget to the Emperour, or the kingis of Spayne,
and for le3 werris of Spayne. As of Ingland, I an- 5
suere, that efter the opynioun of doctouris in aide gloss
sum jurist wald say that thai ar nocht subget to the
Empire. Bot because that syndry folk redis apon a
syde of the lef and nocht on the tothir, had thai red all
that I have sene, thai wald have understandin othir 10
wayis in the aide stories. For, as we have othir tymes
said, efter the cours of the law commoun, all realmes
suld be subject to the Empire, bot gif thai be specially
privilegit be Emperouris power hafand, or ellis that thai
be fred be the autoritee of haly kirk. And sa, ever help 15
me God, dicit doctor, I saw never storye, na statute, na
privilege, na decree, na decretale that ever said na de-
clarit privilege of exempcioun to the king of Ingland
fra the obeysaunce of the Empire. And quha wald see
wele and consider the glos that sum favourable to that 20
part allegis, thai sail fynd bot full small foundement
in the contraire. For sum sais quhilum that he mane-
tenys his exempcioun be fors and maistry ; sum sais he
haldis it be prescripcioun of aide tymes ; sum sais othir
wayis. Bot suthfastly, all men of gude understanding 25
may wele knaw that but documentis all this is nocht.
For prescripcioun agayn soveranitee is nocht worth
agayn obeisaunce haldin on fors, as be the veritee of
suthfast writtin lawe. Than gif he may schawe na
privilege gevin be nane Emperour power hafand, he 30
is subject doutles to the Empire. For I am certane
that in the tyme of pape Innocent the thrid of that
name, the king Johan of Ingland rais agayn the King
of Fraunce, and all the realm of Fraunce was dividit
in twa partis. And was agaynis the King of Fraunce, 35

i -j-(J&;ij

THE BUKE OF THE LAW OF ARMYS 219

Philippe and his sone Lowis, the Erie of Flandris, and
the Erie of Bouloigne, and als the Emperour Othe that in
that tyme was Emperour, with grete nombre and quantitee
of men of armes, and all thai parties togedir agayne the
5 noble King Philip. Bot the King of Ingland, Johne,
helde a felde be him self, and the tothir lordis be thaim
self, and sa befell that the noble King Philippe passit
agaynis the Erllis of Flandris, and of Boloigne, and the
power of the Emperour, and his sone Lowis aganis

10 the King of Ingland, he and his wele willaris with him.
Bot the noble King discomfyte thame all, and brocht
the lordis all prisounaris to Paris, and slew grete nombre
of the Emperouris men, and of Flemmyngis and Picardis.
And the noble Lowis, that past agayne the King of Ing-

15 land, put him in sik poynt that he wist nocht quhare to
hyde him, and put him forsably out of the land, and
thare was the said King Johan of Ingland fayn to put
him in the handis of the pape, and left the Emperour,
and become man to the pape and to the haly kirk. And

20 oblist him ever ilke ^ere to pay to the pape of tribute
a thousand troyes markis of silver. And treuly I will
that all men wit that this I fand writtin be a notable
doctour callit Tholomeane. And tharfor, all this nocht
gaynstandand, I can nocht suthely say na trowe na the

25 king of Ingland is veray subget to the Empire, for
nathing that I can fynd be writt, privilege, na exemp-
cioun. For we may undo na gaynsay the commoun
lawe undefamyt. And alssua as langand the king of
Spayne, I can nocht fynd him privilegit be na law that

30 is writtin, na othir certificacioun. Bot suthe it is that
monye kingis usis and joys privilegis imperiale, as
jugeand weris to be maid, gevand power be lettre to tak
mark, haldand and manetenand before thame bataillis
in barrieris clos, as bataillis in listis, in quhat nombre

35 thaim list, the quhilkis thre poyntis may nocht pertene,
but privilege and speciale leve, to na man that haldis

220 THE BUKE OF THE LAW OF ARMYS

under soveranitee of ony othir prince in erde. For
were generale may na man decrete na juge, bot he
be soverane lord of that realme that were decretis and
jugis. Bot as of the king of Fraunce, I mak na dout
than he is free soverane of the realme of Fraunce and 5
may do all ^one thre thingis but charge, as I have before
said and previt reasonably as I traist. Bot suppos as
the warld is now governyt, bathe syndry kingis, dukis
and symple erllis dois all thre thir thingis, it makis
thame nocht the mare to have rycht, bot thai schawe lo
othir wayis privilege of pape or Emperour, be exemp-
cioun specialy gevin. For thare is bathe small lordis,
and citeis ; and otheris that us it, but ony rycht knawin
till us, bot of thair awin autoritee and presumpcioun.

[Capituium UERE speris the doctour: gif a burgeis haldis change le

Ixxxiiii.] . o o « J

in Paris, war reft cummand to Paris be the way of his
gudis and his persone put in prisoun, quhethir gif the
king aw to geve leve to tak mark tharfore aganis thame
that reft him and emprisounyt him ; as gif a burgess of
Millane or of Nappies haldis bank and change in Paris, 20
and thare has his factouris and varletis labourand his
wynis and his cornis, and kepand his hous. And, as
this Lumbard passis fra a hame till ane othir, he is tane
be the folk of Florence or of Genuis, and dispoilit and
enprisounyt ; quhethir gif the king aw to geve letter of 25
powar to tak mark apon thame tharfore. To the quhilk
I say first, nay, that he aw nocht to do it. For quhy,
suppos he have hous and gudis thare at Paris, he is
nocht burges of Paris be the proposicioun that I mak.
For quhy, he aw nocht to joys the privilegis of the citee, 30
sen he is ane aliene, sen the offence touchis to the
realme, and to the citee anerly of thair propre bulges.
And as belangand this cas thare mon be maid a dis-
tinctioun, that is to say that gif the said merchand
payis othir tailles and subsidis to the king or nocht. 35

ziA

THE BUKE OF THE LAW OF ARMYS 221

And gif he dois, we say, by a reugle of the canoun Foi. 63.
lawe, that he that dois to the prince and the realme
sum proffit, and makis cost sum, joys sum part of the
privilegis, that he aw till have lettre of mark. And gif
5 he payis na thing to the king of sik thingis, we say he
suld nocht jois the privilegis. Bot gif the king had
tane him till his burges, and privilegit him specialy of
his grace and favour, in that cas he aw till have the
privilege, for than in that cas the injure touchis to the
10 kingis persone.

HERE speris the doctour : gif a clerk of the realme [Capituium
Ixxxv.]

of Ingland war studyand m Paris m the Universitee,
quhethir mycht he be tane and haldyn prisonare, con-
siderand that the kingis of Fraunce and Ingland has

15 were again otheris. As thus the pape and the kingis
of Fraimce has privilegit the scolaris to be seur, of quhat
nacioun that ever thai be, that studyis in the Universitee
of Paris. Sa cumis thare a licenciate of London, Inglis
man borne, till Paris to be doctour in canoun or theo-

20 logye. And be the way, metis him a Franche knycht
that all his gudis takis fra him, and ledis him self
prisonare away. Than is here the questioun, quhither
he aw to be prisounare and pay fynaunce or nocht.
The clerk allegis and complen^eis to the king and the

25 parlement, sayand as before, that the law levis all clerkis
to vake in scolis and in studyis to le^ sciences and
literature, and forbedis that ony be sa hardy to do
thame ony gref, displesance, or molestacioun, bot all
honoure and reverence. For the law sais that quhat

30 wikkit man war he that wald mak distniblaunce, letting
or hyndering to the worthy scolaris, the quhilkis levis
fader and moder, kyn and contree, and all warldly and
temporale plesaunce, to tak the payne and travaile to
nycht and day study in sciencis, and in vertu and wise-

35 dome, quhat war he that had sa hard a hert na he wald

222 THE BUKE OF THE LAW OF ARMYS

have merci of thame quhilkis levis all richessis and
delytis vvarldly to vake thareapon amany strange iny-
myes as thai war banyst men? — menand that quhasa
did the contrair he war ungentill, uncurtas, and un-
connand. Nevertheles the knycht that tuke him and 5
maid him prisonare allegis, on the tothir part, that the
weris ar opyn betuix the realmes, and jugit to be maid.
And as langand 30ur lawis we have nocht ado ; we ar
Franch men, and mellis us nocht with Emporouris
lawis, na with ^our Emperouris that your lawis maidy lo
na we will nathing do for his lawis. The clerk ansueris
replyand, sayand, Gude schir, the lawis is nocht ellis
Nota. bot gude faith and resoun, ordanyt be vertu and wis-

dom e of wis men to governe the peple in policy, and
suppos 3e set nouthir by Emperoure na Emperouris 15
lawis, the kingis, lordis and nobles, wis men of Fraunce,
will nocht lett, forthy, to governe thame be vertu, wis-
dome, resoun and policy, in lawtee and gude faith
reulit with equitee, and ordanyt be wis men. And ^it
alssua, quhen Charlis Maygne, with consent of the 20
pape, transportit the study out of Rome and brocht it
to Paris, the quhilk the generale scule, and maist
worthy, and maist of autoritee and los of the warld, the
pape and the said king, with mony othir papis and
kingis sen syne, has gevin to the study of Paris sa mony 25
notable privilegis that clerkis suld joys thare; and,
with that, brocht with thame mony notable and worthy
clerkis out of Rome for to mak the instructioun of the
begynnyng of the said study, the quhilkis clerkis had all
langagis, bathe Ebrew, Greic and Latine. And gert 30
thame be sa asseurit of thair here beyng that na man
durst distruble thame under grete paynis. And thare
was nane excepcioun maid, nouthir of Inglis na
Franche, frende na fa. And than sen the privilegis ar
generale, quhy may I nocht als wele cum undistrublit as 35
otheris, sen bathe the pape and the kingis of Fratmce

. :«J«Ci

THE BUKE OF THE LAW OF ARMYS 223

has asseurit thame ? Than ansueris agayne the knycht
sayand, Faire schir the thingis ar nocht in termes as
thai war wount. The realmes was than in pes that now
ar in weris, and the were is all opin, and jugit be the
5 kingis to be opin, and sa is every man at his avantage,
and na man to pas but leve amang thame that fa is.
Quharefore ^our resouns ar of na valure. For quhy, ^e
may dayly wryte to 3our frendis the secretis of the
realme, and the kingis priveteis, and warne his inymyes

lo tharof ; be the quhilk the king mycht have and sustene
grete scathe tharfore. And now mon we se quhat
justice and resoune wald in this mater. And first we
mon say that suppos the king had decretit and jugit
opin were, and he had nocht maid speciale inhibicioun

15 be lettres or cry publyk that na man of Ingland, clerk
na othir, suld cum in his realme durand the weris, but
leve askit and optenyt, and that he war nocht cummyn
feynyngly, under colour of study, to be a spy, me think
gude faith and law walde nocht that he sulde be pris-

20 onare, be the generale privilegis of the King Charles
Maigne and of the pape. For and the king had maid
ony speciale inhibicioun, or that a feynyt man war sa
cummyn, under fals colour, than war thare na dout
tharein. Bot it is nocht spedefull na lefull in tyme of

25 were generale till ony men to bring in the kingis iny-
myes in his realme under ony colour that may be. For
and the Archebischopryke of Ranis or Rowan vakit, and
the chanouns wald ches ane Inglisman to be arche-
bischop the king may ger gayncall the electioun, and

30 salbe herd with the pape tharapon, be all oure doctouris.

T-T ERE speris the doctour a questioun : quhethir the [Captmium

... lxxxvi.l

servandis suld jois the privilegis of thair maisteris, as gif

a clerk had brocht with him twa or thre of mychti

burgeis sonis under him out of Ingland in Fraunce,

35 quhethir gif thai aw lefully to be prisonaris, or thai aw to

224 THE BUKE OF THE LAW OF ARMYS

be free as thair maister. And, be the first visage, it
semys that thai aw to be prisouneris. The resoun is, for
suppos the privelege — say that clerkis studyand suld be
previlegit — it spekis nathing of thair servandis. Bot this
resoun nocht gaynstandand, trewly gude faith and law 5

«

will that the maister, his servandis, and his gudis suld
gang all a gate, and jois all a privilege. For it is nocht
semand that the membris suld nocht have the privilege
of the corps, sen, be law, all is comptit a thing, the
maister and his servandis. For but servandis may nane 10
syk men be.

[Capituium UERE speris the doctour ^it a questioun langand the
samyn mater : quhethir gif a burges of London has a
sone at the scole in Paris that is befallin seke, and the
childe writis till his fader prayand him to cum till him, 15
and vysyte him, for he is in perile of dede. The burges,
the quhilk is sare disesit of his barne, takis hede to na
weris, na has na mynde that him sulde mister nane
asseuraunce, and cummys to Paris to se and visyte his
seke sone, and thare metis him a man of armes and 20
knawis him, and takis him, and gerris put him in pris-
oun. Than is the questioun quhethir he aw to be
prisonare or nocht. To the quhilk it is sene as be the
first advis that he aw nocht to be privilegit be the privi-
lege of his sone be lykelyness. For suppos for grete 25
vailliantis and honourable dede of armes a bonde man
war sa worthy fundyn that he war maid knycht in armes.
Throu the quhilk ordre, suppos na mencioun na langage
be maid in the tyme, he is anoblyt and fred of bondage,
and maid gentill man fra thyne furth. Bot it folowis 30
nocht, forthy, that his sonis ar anoblyt, nouthir ane na
all. And, forthy, in lyke cas it is nocht lyke that for the
privilege of the clerk studyand, the fader suld joys the
privilege. Bot here till ansuere to this questioun, I say

Foi. 64. treuly that be the law writtin, nocht gaynstandand that 35

THE BUKE OF THE LAW OF ARMYS 225

the men of were will nocht be content of this ansuere,
that the fader aw nocht to be prisonare. For quhy, the
law of nature may nocht be bakkit and put doune be
na statute, na constitucioun of mannis law. For law
5 of nature is the first and principale, permaynis for ever
undefoulit, but mutacioun, or ony changeing, or ony
gaynsaying. And sen it is sa that the fader is behaldin
be law of nature to visyte the sone in his malady, and to
help him, suppowell him and noris him, and do him all

lo humanitee that may be done, or ellis he suld be repute
unkynde and uncheritable, and suld forffet the name of
fader, and be that, the rycht he has till his sone. And
the resoun is this, for thare is nane sa grete lufe in this
warld as is the lufe of the fader to the sone, be lawe of

15 nature. And sen the fader dois to the sone it that he
aw to do, be the way of nature, quha suld be he that
suld reprove him, na ^it blame him, or scathe him thar-
fore, na do him ony injure ? Alssua thare suld na man
do till his nychtbour bot that he wald war done till

20 him. And it is eith to wit that na man wald be content
that ony othir lettit him to visyte his childe and he war
sare seke, na to do him injure na vilany be the way
cummand, and ^it mare, be the way of nature, a man is
haldin to fede his bamis, and goveme and noris, or ellis

25 he is to be cursit be the law canoun. To the quhilk
questioun, ^it, I ansuere, that certaynly the study of Paris
is sa privilegit that quhasa ever bringis to scolaris study-
and outhir clething, or bukis, or ellis gold or silver, and
othir l)rfis fude, he aw to frely cum and gang, but vexa-

30 cioun, or distrublaunce, or ony injure in body or in gudis.
For the law sais that quhen a thing principale is grantit,
all the nedefuU pertinence till it is grauntit, Quia, con-
cesso principali, conceduntur accessoria. Thus may we
say, that quhen privilege is grauntit to the maister, all

35 his nedefuU thingis ar previlegit be that privilege. And
thus haldis cure doctouris, sa that thare war nouthir

p

226 THE BUKE OF THE LAW OF ARMYS

[Capitulum
Ixxxviii.]

fraude, barat, na malengyne in the mater, that thare war
ony feynit thing to spy, or othir wayis to ymagyne sum
dissait or trychery in tyme of the weris. Nochtthan, I
traist, that men of armes wald nocht be content of this.

And treuly, I say, rycht sa gif his awin brothir come 5
to visyte him, to bring him gold or silver, clething or
othir thing, or ony othir servand of his faderis suppleit
thair faulte, etc.

[Capitulum
Ixxxix.]

J^ERE speris the doctour, gif a studyare may be tane
for mark and haldyn prysonare : as gif the king for reson- 10
able caus had grauntit lettre off mark till a man of Paris,
and thare war gudis haldin wrangwisly fra him be a
burges of Florence, and sa befell that thare war a scolar
in Paris at the study of Florence, quhethir gif he mycht
lefully be arrestit and haldyn prisonare for mark of that 1 5
caus. To the quhilk, treuly, I ansuere schortly as
before was ansuerd anent the fader and the sone, and
brothir, and servand is, that nouthir aw thai to thole him
be arrestit, na prisounyt, na nane othir that, be caus of
his necessiteis bringand, cummis till him as before said is, 20
sa that thare be na trompery. And the resounis for
mark suld have all syk privilege as jugit opyn were sulde
have. Bot I have sufficiandly spokyn of that of before,
how suppos thare come till a knycht his brethir, or ser-
vandis or cousing germanis, na otheris for mark suld 25
nocht be tane, na arestit nane suld the clerkis of the
study.

Capitulum
xxxx.]

5IT here mare furtherly spekis the doctour of
prisounyng: quhethir gif a witles man, that is to say
wood, out of his wit, may be tane and hald3ni 30
prisonere, and ransounyt in weris. As gif a duk of
Ingland cummys with a grete multitude of peple in
armes to mak were apon the king of Fraunce for the
ducherye of Gyenne, the quhilk duk, beand in the

THE BUKE OF THE LAW OF ARMYS 227

said ducherye with his men, takis a woodnes and a
ramysdness in his hede, sa that, unwittand his ost,
he passis fra his company in the woddis, and wynis
and wildemes him allane but company, and sa is
5 recounterit be a knycht of Fraunce, quhilk knawis
him wele, and takis him and ledis him till his castell,
sayand, but drede he sail pay him ane hundreth
thousand frankis or he scape out of his handis.
Than is the questioun quhethir he aw to be prisonare

lo and pay ransoun, or nocht. To the quhilk it semys
that it war na questioun, for quhy, quhen he come of
his contree of Ingland, he come as inymy to the king
of Fraunce, and to mak him were, and ^it his men ar
contynuand to mak were on the king and his landis,

15 quharfore resoun and law of armes wald that he war
prisonere, nochtgaynstandand that he be wanerit in
his wit, for the law sais, Fra tyme a man be ressavit
in service he is presumyt ay to be servand quhill he
be releschit of his service. Thus, sen he was inymy

20 in his hele and his lege poustee, and wald rycht sa
be and he war hale, quhy suld he nocht be sa haldin
in his woodnes inymy? Bot ^it, nochtgaynstandand
all thir resouns, me think all the contrair is suthe.
For men fyndis in the law that a man wanerit out

25 of his wit, suppos he had bene a fa before, nocht
than, for the tyme that he is out of his wit, he suld
nocht be haldin as inymy. For quhy, he wald be als
evill as he is bathe till fader, brother, eme, or cousing
germane as he is till his fais, and alssua till himself.

30 For oft tyme a woodman slais himself, and ryvis his
clathis, and his awin hare, and his awin propre flesche ;
for he has na knaulage of wit na resoun mare than a
beste. And tharefore sais the law, that sik men may
nocht do wrang in na wis, na injure to na man. For

35 injure may nocht be done bot of free will, be knaulage
and libere arbitrage. Bot all that a woodman dois he

228 THE BUKE OF THE LAW OF ARMYS

dois throu woodnes and rage, and throu moving of ane
evill spirit of furour, quhilkis excusis him. For suppos
he slew in that rage a thousand men, he suld nocht
be punyst be justice. And tharfor, in that rage, he
sulde nocht be repute inymy to na man of the warld, 5
na 3it prisonare. Alssua, and I had hecht a man a
noble suerd, beand in his hele, suld I, and he war
wood, delyver him my suerd, or ellis I war of myn
athe manesuorne? Certaynly, I say, nay; and I sail
prove that be the lawis. Alssua, a man that wate lo
nocht quhat is faith, quhat nane, how suld men ask
faith of him or ony resoun? For the law sais that
quhatever sik men dois, it is comperit to the dede
of a beste. Or, as a sclate fell of a hous and slewe
a man, quhat punycioun suld men ordane to do for 15
that sclate ? And alssua, lat men behald quhat nobless
or were it war to tak a woodman ! or quhat gentris it
war to put him in prisoun ! a seke man that may
nocht our himself in syk a rage and malady ! Bot
erar suld all nobless help to cheris thame, and con- 20
fourt thame, and help to hele thame, and socour thair
lyf and hele. And thairfore, in sik maner as I have
argewit, I conclude that he aw nocht, na may nocht
be na law be prisounare na pay na fynaunce, bot the
king suld ger delyver him till his frendis. 25

[Capituium UERE spcris the doctour: gif that a man of were
had put a woodman in prisoun, and he worthe hale,
quhethir efter his recovering of hele, he mycht be
maid prisouner newly be him that had haldin him in
prisoun, and ger him pay ransoune lefTully. And as 30
to that it semys that — ^ha, it may be leflfully done.
For quhy, the law sais that sik men may nocht mak
testament, na manage, na mare na a man of religioun.
For that requeris obligacioun and trew consent, with
wit seker and wele sett, na jit he may nouthir tak na 35

Ixxxxi.]

Fol. 65.

..^iil;

THE BUKE OF THE LAW OF ARMYS 229

geve baptesime. For he has na seker will, withoutyn
the quhilk, sik thing may nocht be gevin, sen thai ar
of perfyte elde and of discrecioun. Bot set we the cas
that the sekenes leve him, may he nocht than do all
5 that is beforesaid? certaynly, 3a. Be the law writtin
than, be the samyn resoun, he may geve his faith as
prison ere. Lat us than se quhat resoun wald in this
mater. And first we mon consider a reugle in the
law writtin, quhilk sais that a thing that is nocht of

10 valew be the law as ground of rycht in the begynnyng,
the successioun of tyme may never mak it rycht, sen
it had na rychtwis foundement in the first begynnyng.
Bot sen I have before provit that the first foundement
of the rycht that he clamys till was nocht gude, how

15 suld the successioun be gude? For possessioun of
evill faith may never cum to gude faith throu process
of tyme. Alssua, all noble men ar behaldin to do
nobless till a noble lorde; and than quhat nobless
war it to tak him prisounare efter his gref and malady,

20 sen God had send him hele, considerand that he was
in sik pitous poverte of his persone and wit? Quhat
nobless war it than of a woodman helit to mak a
prisonare ? Alssua, all seke man is goddis prisounare ;
and sen God has lattyn him to borgh, gevand him his

25 hele, it war evill sittand that man suld efter mak prisoner
of him under the sauf condyt of his lord and ouris
bathe. We think that war all agayn the nature of
nobless and nature. And treuly wald men occupy
thame to dispute this mater to the utterest, be all

30 resouns that men may fynd, bathe be law writtin and
law of nature, thai suld have mekil ado. And tharfore
I will mak schort my part tharof, for treuly, as be owre
maist notable doctouris, that quhen he war cummyn
agayn till his witt and gude knaulage, and he wald

35 persevere in his evill will to the weris making, as
before, till eschew evill, I say he suld be hald3m

230 THE BUKE OF THE LAW OF ARMYS

prisounare. Bot, and he wald hecht to pas in his
contree, and leve the werjs, and mak no mare were
to the king, na his contree, I wald say he aw nocht
to be haldin prisonare, hot gif he war constreynyt
be his soverane lord to cum in weris ane othir 5
tyme.

[Capiiuium UERE spcHs the doctour gif quhethir ane aide man

Ixxxxii] -*-J- ,

passit age of lawe aw to be tane pnsounare, and to be
constreynit to pay fynaunce: as thus, gif a Franche
knycht, in the tyme that Bordeaux was Inglis, had 10
runnyn before Bordeaulx to scoure the contree and
tak prisouneris, and hapnit to mete without the toune,
cummand fira a chapell quhare he had herd messe,
nereby a myle without, nereby the toune, a sely aide
burges man of the age of ane hundreth ^eris, quhilk 15
war michty and riche, with a lytill staff in his hand,
and sperit at him, Gude man, quhyne ar ^e? And he
ansuerde, nocht mystraistand him, Schir, certaynly,
I am of the toune of Bordeaux. The knycht sais.
Than are ^e, gude schir, my prison ere. For ^e ar all 20
at the Inglis faye, and I am a Francheman. And
thus, sen ^e ar at opyn were aganis oure king ^e ar
lawful! prisoner. The gude aide man sais Certayn,
schir, I am a man quhilk maid never were, na mellis
me nocht tharewith, quharfore I ask 50W merci for 25
Goddis sake, and ledis me before the king; and do
me na wrang, bot do me richt lawe, and gif I aw to be
prisounare that I be prisounare, and gif I aw nocht
to be it, that ^e wald hald me free man. The gentill
knycht, quhilk herd the gude aulde burges speke sa 30
resonably, grantit him his asking. And thus ar thai
cummyn before the king, quhare the knycht proponis
his proposicioun, sayand that it is nocht unkend how
the toune of Bordeaux has bene of lang tyme occupyit
be his inymyes. And that he maid his cours befqre 35

THE BUKE OF THE LAW OF ARMYS 23 1

the toune as othir tymes he had done to get his
avantage, and thare he met sik a notable burges, the
quhilk is mychti to pay x or xij thousand frankis, and
tuke him and arrestit him prisoner, the quhilk he askis
5 to be adjugit till him as his prisounar, and to demayne
as prisouner aw to be demaynit. Than ansueris the
ryche burges, Schir, certaynly I knawe wele that the
were is betuix the kingis, quhilk has lestit our lang,
and, God wald, and was begonnyn or I was a bame

10 and 3it is nocht all endit. Bot to say that I ever in
my lyf bare armouris na suerd na knyf bot it war to
kerne my mete withe, na that ever hameis come apon
my body ! And gif 3e traist me nocht, makis informa-
cioun, and 3e sail fynd that I was never bot I gave ay

15 counsaile and confourt to the king of Ingland to here
trety, and mak pes and concord with the king of
Fraunce, and was never blithe of the weris, bot ay
soroufull and displesit that the weris lestit sa lang.
Alssua, schir, be the lawis of armes, ane ancien

20 man as I am aw nocht to be compellit to pas in weris,
na aw nocht to be tane prisounare. For I am passit
date of resonable age. Alssua, ^e suld nocht mak were
aganis men that makis nane to 30W, na that gevis
nouthir counsale confourt na help aganis 30W, on thair

25 free will. Bot, suppos on force men be constreynit
agayne thair will to mak were, that makis nocht bot
thai suld be excusit ; and gif 5e fynde that ever I
helpit the king of Ingland be my persone na of my
gudis, bot aganis my will, I am content to remayne

30 prisonare. And tharfor, to the ansuere of this questioun,
I say, that a man passit date of age aw nocht to be tane
prisoner in weris, bot gif he had bene in his tyme a
counsailour and helpar agaynis the party advers. Bot
and he had bene outhir in counsele confourt or help,

35 I say he mycht be haldin prisoner, for quhilum ane
aide man in his counsale is worth ane hundreth in dede.

/

232 THE BUKE OF THE LAW OF ARMYS

[Capituium UERE speris the doctour, gif a bame may be tane
prisounare and pay fynaunce ; as gif ane Inglis bame
war takyn prisonare be a Franche man durand the
weris, quhethir gif he aw to halde him, and ger him
pay ransoun lefully, or he suld ^elde him agayn, and 5
delyver him at request of frendis. And first it semys
that he aw to pay fynaunce. For sen were is opnyt
betuene realmes, all men of were ar free to do thair
spede apon the kingis inymyes, but excepcioun of
lytill or mekle inymy. For he that has poware apon lo
the maist has power apon the leste. Than sen he has
power to tak the grettest prisounaris, than suld thai
have power apon the smallest, sen all ar inymyes. And
be the law of armes he may tak, and hald prisounare,
and ger pay fynaunce the fader of the bame, tak be 15
the lyke cas, than suld he be lawe tak the sone. Item,
mare stark resoun ^it. The man of armys that may
tak and inprisoun the master man, he may tak lefully
be the law his gudis ; and the law sais that the bamis ar
contenyt within the gudis of the fader. And thus may 20
he tak alswele the sone as the fader, for the fader
has the sone in his powar, and may sell him or wedsett
him at his lyking quhen him nedis. And thus may he

F0L66. be prisounare. Apon the tothir part, it is allegit be

law of nature, and all othir lawis and justice accordis 25
in that, that innocence suld nocht sakeles be grevit.
Bot suthe thing is that this bame is all innocent of
this weris, for nouthir gevis he counsale, confourt, na
help till his fader, na othir of the party to manetene
na furthir the weris, quharefore he aw nocht to be grevit 30
but caus, and thus aw he nocht to be prisonare. And
3it mare, we have said before that quhen a man helpis
to manetene his lordis weris, outhir with his persone^
or his gudis, or his counsale, it war grete resoun that
he had punycioun and he war tane. Bot sen this 35
innocent nouthir helpis na fortheris with his persoiie^

THE BUKE OF THE LAW OF ARMYS 233

na his gudis, na his counsale, he aw nocht to here
punycioun. For the law sais that Nocht has nocht
payis. And as to this debate, I say, nocht gaynstand-
and that new men of were makis new lawis agaynis
5 the anciene noble custumes of contreis and princis
that maist worthy war in thair tymes, I say that it is
nouthir honour na honest, gudely na Godlyke, bot
againis all gude faith and gude custum to tak prisoun-
aris outhir anciene men, or innocent barnis, or wom-

10 men, or to ger thame pay ransoun. For sen thare is
na vailliaunce na worschip tharin, treuly it sittis nocht
to noble men of armes for to mell thame tharwith.
Bot mare honour war to kepe thame fra harmes. And
trewly quha ever dois the contraire suld be erar callit

15 cruell and pillarde, na worthy men of armes. And
alssua I traist that quhat ever he be that usis sik thing,
sa[ll] nocht be fortunyt, na happy to honour na richess
in weris. Bot the king suld be thair belde, and thair
protectour. And than sail his honour and los grow,

20 and God sail help him to have victorye of his inymyes
throu prayer of thai innocentis.

UERE speris the doctour, quhethir gif a blynd man [Capituium

Ixxxxiiii 1

in were tyme mycht leffuUy be tane and haldin prisonare,
and pay fynaunce, as gif ane unworthy lymmare, that

25 settis nocht for honour bot for pillery, had tane a blynd
man, and put him in prisoune, and his frendis pleynis to
the king, and askis lawe. And as to this mater I an-
suere that, gif a blynd man makis him to be a helpare
or furtherar, outhir with confourt, counsale, or with his

30 gudis, or a spy, or othir way ingeris him to greve the
party ad vers, at his power, I say he sulde have wer na
ane othir that mycht se, bathe in body and in gudis, and
it hapnyt him to be takin prisonare. Off the quhilk
gevis us ane ensample oure Lorde, in haly writt ; for

35 efter that Caym had slayn his brothir Abel the rychtwis.

J
/

234 THE BUKE OF THE LAW OF ARMYS

thare was a blynd man callit Lameth, the quhilk was
custumyt to pas to the wod, with bow and arowis, and
hid him in a busk. And quhen he herd ony wilde beste
stalkand besyde him, be avys of his fele, he wald schute,
and oft slewe venysoun and brocht hame. And sa apon 5
a day he sittand in a busk hyd, bydand the venysoun come
stalkand by him stillely, but wordis Caym. And then
Lameth, werand it war a wilde beste, schot at him and
slewe him. Than sais oure lorde in haly writt, that the
syn of the slauchter of Abel that Caym maid salbe 10
punyst, bot the syn of the slauchter of Caym that
Lameth maid salbe punyst Ixxvij tymes. And the caus
is, for he sett him to do a thing that come nocht till
his nature, na efferit him nocht to do be his condicioun.
Bot treuly and a blynd man had bene tane prisoner, 15
suppos he had gude yneuch, and he had nouthir gevin
help, confourt, na counsale in the weris, he aw nocht
to be haldin prisounare. Bot nevertheles, and he had
mekle gude, and gave taillies and tributis to manetene
the Inglis weris, suppos a Franche man tuke his gudis, 30
bot gif grace war done him of sum part, he mycht nocht
be law of amies be compellit to geve agayne thai gudis.
And alssua, gif thare war a man becumyn blynd, quhilk
othir tymes had bene a man of were, and had gevin
help, confourt, and counsale bathe with body, counsale, 25
and gudis, and sik a man war tane prisonare, me think
treuly that he mycht wele be haldyn prisouner, and pay
ransoun. Item, it that I say as belangand the bljmd
man I say in lyke fassoun of a def man or a dum man.
For syk men ar nocht haldyn as warldis men, na men 30
of were. Bot thai ar callit in the law miserable per-
sonis, that is to say personis that merci is aucht to
— merciable personis.

icapituium T-JERE speris the doctour, quhethir gif ambassadouris

Lxxxxv 1

come in Fraunce to the king, and brocht with thame 35

THE BUKK OF THE LAW OF ARMYS 235

the kingis inymyes, gif thai may leffully lede thame with
thame throu his realm, or nocht. As thus, the king of
Scotland sendis ambassadouris to the king of Fraunce,
the quhilkis arryvis at Cales, and hyris with thame hors
5 and cartis, and chariotis to lede thair gere with to Paris,
to the king ; and thus be the way thare metis thame a
Franche capitane, quhilk kennis thame wele, and takis
all the said gudis with the ledaris that ar with thame of
Cales and haldis the gudis as a chet, and the personis

10 prisouneris. The ambassadouris pass to Paris, and
complen3eis to the king ; the souldyouris ar callit, and
thair capitane, before the king to thair ansuere : sayand
that thai ar the kingis inymyes, and that thai traistit wele
do na nocht distroublit the kingis ambassadouris. And

15 be caus this mater is sum part difficile, I will ansuere
schortly, but langer process. I say that ambassadouris
of strange princis suld nocht be stroublit within a kingis
realme, bot ar asseurit, and all thair gudis, and thair
company, na do thame nane injure. And mare, suppos

20 thai war oblist till ony merchand of Paris in xx'* thousand
lib., he may nocht as that tyme, be the lawis writtyn,
mak thame na questioun na demaund, sa mekle ar thai
privilegit be the lawis. Nor na justice may compell
thame, sen thay ar legatis of princis, and cummyn in

25 the kingis realme. Na thare aw na juge to ger sum-
mound thame in jugement, na vex thame in na maner
of wys, bot gif thai had done ony mysdede in the way,
efter thai be cummyn in the realme. And tharfore
treuly in the foresaid cas the souldiouris suld have rycht

30 nocht, bot 3elde agayn all halely that thai had tane.
For sik lordis and ambassadouris peraventure had
necessitee of hors and mulis, charis and chariotis for
to bring and cary thair honourable thingis that war
nedefull to thame, and peraventure sum giftis or pres-

35 entis to the kingis majestee. Quharfore, be resoun
thai suld be free and unharmyt. And mare, suppos

236 THE BUKE OF THE LAW OF ARMYS

that mark had bene grauntit be the king, for ony caus
resounable, aganis that realme quhare thai legatis
duellis, durand the tyme of thair legacy, thai sail nocht
be claymyt, na chalangit, na harrayt in na maner, nouthir
be law civile na canoun, na law of armes na custum. S
Bot and thai had maid ony fault thame self in the way,
thay may be of that thing punyst and chalangit be law
in jugement. Bot, ^it, nocht gaynstandand all thir
resouns, gentris na gude faith wald nocht that ony
ambassadouris war sa unverty, na sa folily avisit, to 10
bring a kingis inymyes in his realme and lede thame
Foi. 67. throu his land to se his secretis, etc. ; for treuly it is
grete excess and grete misgovemaunce, etc.

[Capituium JTERE spcris the doctour, gif a bischop of Ingland

Ixxxxvi* 1

mycht be imprisounyt be a Franche man of armes ; as 15
gif, for occasioun of this weris, a bischop, or Abbot, or
monk, or preste mycht be enprisounyt be the law of
armes. And schortly I say nay, for the were is jugit and
ordanyt betuix the twa kingis, and thame that gevis
thame socouris, help, confourt, and counsaile, that ar his 20
subjectis, ande favouris his querelis, and manetenys the
weris. Bot suthe thing is that the bischoppis and men
of kirk ar nocht subjectis to na temporale princis na
kingis seculeris. Quhy than and quharefore suld clerkis,
or men of kirk be inprisounde, na pay ransoun, sen thai 25
do nocht of thir foresaid thingis ? Item, we say that the
state and office of men of kirk is departit and disseverit
fra the temporale, and fra all weris, for the service of
God, to the quhilk thai are dowit, makis thajoie unhable
to the weris or to here armes. For, as sais the lawis, 30
clerkis suld be cursit that beris armouris, and all othir
hames of temporale bataillis, or of weris, and alssua it
war grete vilany to the servandis of God to be maid pris-
ounaris to temporale men ; sen thai do Goddis service,
and techis the haly faith to cristin men, and assoil^eis 35

r

r.

THE BUKE OF THE LAW OF ARMYS 237

thame of thair synnis, and gevis thame the haly sacra-
mentis of mannis salvacioun ; the quhilkis suld have
nane othir armouris to defend thaim with, bot gude lyf
and vertuous governance, quhilkis ar callit the armouris
5 of justice, with prayeris in tens, and in greting for the
synnis of the warld. And, as sais the decreis, men suld
ask at thame bot anerly prayeris, teching of the faith, and
ministracioun of sacramentis. And gif ony wald say
aganis this that sik men of kirk gevis tributis and

10 taillies of thair gudis to the king of Ingland, to manetene
the wens, I ansuere him that treuly that is sare agayn
thair will. For be all lawis writtin, kirk men aw nocht
to pay tail3eis na tributis to the wens, bot on fors thai
will compel! thame to pay, quhethir it be law or nane,

15 and takis it be way of dede, of the quhilk thai have na
wit. Bot and a preste and a clerk pass in the weris with
his maister, and he be tane, suppos they ger his maister
pay for him, thare is na grete charge, sen he mellis him
tharwith. And rycht sa say we, gif thare war ane

20 uncheritable prelate, quhilk war in artare, and a coun-
sailour to mak were, suppos he pay fynaunce, it war na
wrang. For it is nane office of prelate to counsale
were, bot erar to trete pes ; quharfore to tak fynaunce of
him, bot nocht to punys him othir way, thai have na

25 powar, nor nane erdly temporale prince. Bot and the
king had gert tak only sik prelate werryoure, and he gert
send him to the pape to punys, he did his dett. Bot to
pytt the men of kirk, na prisoun thame, na othir wayis
to punys thair persouns war bot crueltee, and na were

30 resounable. And as to the Inglis men that ar in Bor-
deaux, and in placis of Guyane, thai ar gentill and
courtas to men of kirk, and dois nane injuris to thair
persouns.

HtRE speris the doctour, gif ony kirk man may lefully [Capituium
r . IxxxxviL]

35 be -tane prisoner for mark. As gif a clerk war oblist till

238 THE BUKE OF THE LAW OF ARMYS

a knycht of Fraunce in certane soumes of moneye, and
he wald nocht pay, bot geye him delayis and oursettis.
And he, that knycht, askit at the king lettre of mark ; the
king sendis till his bischop, and askis law and resoun of
his clerk ; the bischop favouris the clerk and consentis 5
to the trychery : quhethir in this cas the king aw to
geve him lettre of mark be law or justice. To the
quhilk I ansuere, as othir tymes I have said, touchand
mark, suppos it was till othir purpos, that thare suld na
lettre of mark be gevin be na prince agains men of kirk, 10
for he is na juge to thame. Bot gif sik a cas hapnyt,
the party suld send to the pape, and ask him remede of
lawe, for he is his juge.

[Capituium UERE speris the doctour, gif pilgrymys may be tane^

lxxxxviii>1

and haldyn prisouneris be ony were. And as to that 15
poynt, I ansuere schortly, that all pilgrymes to quhat
voyage that ever thai pas in the service of God and his
Sanctis, thay ar all in the protectioun and salvegarde of
the pape, and may bathe travaill in were and pes,
amang frendis and fais, but impedyment or questioun, 20
sa that thare be na coverit malice under, as to spy. For
thai ar repute for the tyme as kirk men that makis vowis
of vaigis for the lufe of God. And trewly all pilgrymes
suld be asseurit of all men of were. For, be the law in
the decreis, all maner of man that distrublis thame ar 35
cursit be the autoritee of the court of Rome, sen thai ar
in the papis protectioun ; for thai incur the pa3aie of
inobeisaunce, and synnis dedely ; and thair bischop may
lefully curs all sik men quhill thai cum till amendement.
And 3it have thai ma previlegis, for thai suld nouthir 30
pay toll na teme, aucht na custume, na payage, quhill
thai ar on thair voyage. Na suld na man sell thlfune
derror penyworthis na wont was to be in the conl
Na thame nedis nocht to ask sauf conduyt suppos
pas throwe land of inymyes, for he that is lord and sWe 35

THE BUKE OF THE LAW OF ARMYS 239

of all the warld has gevin thaim his sauf conduyt, that is
to say the pape, be the haly lawis of the decreis. And
thus say we treuly, that, and the michtyest marchant in
London passit in pilgrymage to Rome, or sanct James, or
5 to the Haly Grave, or to sanct Antone, sanct Denys, or
till othir viage throu Fraunce, but ony sauf conduyte,
throu out the men of were in were tyme, he aw nocht to
be prisonare, na pay ransoun, na be distroublit.

U ERE sperisT the doctour, quhat persouns or thingis [Capituium

.^ -*■ . iiij" & xix.l

10 in tyme of were nedis na sauf conduyt, as men of kirk,
wommen, blynd men, def men, dum men, woodmen.
And 5it, with thir, suld labouraris of the erde, as plew-
men, harow men, wyne men, and all labouraris and
delvaris of the erde, be the lawis, and be the propre

15 nature of thair office and labour, suld be free, and
nede na sauf conduyt be all lawis, as sum part we
have said before. And the resoun of the labouraris
is for thai travaile for all the warld, and for the com-
moun prouffit of every man. And sen thai ar commoun

20 servandis till all men, all men suld have thame assurit
in thair craft and laborage, bathe be law of nature,
mannis law, and law writtin. For sen thair office is
commoun, and makis lifing and grathis, mete and clathe
till all the warld, all maner of man suld defend thame

25 as he wald defend his awin lyf, for thai mak na were.

U£R£ speris the doctour, gif the as and the ox in [Capimium

'tyme 4/ weris sulde bath jois a privilege. As gif a pure

man labourar has his twa oxin and his as ; as gif bathe

guide have a privilege. And, as be a wis, he sais. Nay ;

30 for thi privilege was specialy namyt to the ox ; quhat

res than has the as till it? Bot this resoun is lytill

wc ■, )r nocht, for we suld first behalde quhat resoun
18 i!.' ox privilegit for. For gif a pure man has ane ox
ai.< rly and no ma, and he have ane as tharwith, the ox

240 THE BUKE OF THE LAW OF ARMYS

may nocht wele drawe in the pleuche bot gif he have a
falowe ; the pure man puttis till him in stede of the
Foi. 68. tothir ox his as. Now than, sen he occupyis in werk
the tothir oxis place, quhy war it nocht resoun he suld
joys his privilege? Bot quhat sail we say to thame that 5
labouris thair landis with mulis, as thai do in the
landis about Venys? And how thai do in Burgone
that maste labouris with hors, and in mony othir con-
treis of Fraunce? I say suthefastly that, quhat best
that ever man mak his labourage with, that beste suld lo
joys the privilege of the ox, sen he dois the office.
For the labourage of the erde is sa privilegit for the
wynnyng of mannis sustenaunce that, be resoun of thair
office, and nocht be resoun of thair body, thai suld joys
the privilege. 15

[Capituium UERE speris the doctour, gif the varlet of the labour-
are, that is for to say his hyre man that dryvis the
pleuche, suld joys the privilege of the maister, or sends
him in othir service pertenand till his labour. As sen
the varlet makis labour, he suld jois the privilege to pas 20
seurly and sekir amang men of armes, but harme in
body na in gudis. And, as semys first, he suld nocht
have the samyn privilege, for it is nocht namyt bot to
the maister. Nevertheles, gude faith wald that he joysit
the samyn privilege. For quhy, quhen a labourer is 25
assurit, it is nocht anerly understandin that his persone is
asseurit, and nocht his goods. For litill than war worthe
the privilege, gif he suld spare my persone, and dryve my
gudis, and prisoune my servandis. Quharfore I say that
he aw to have the privilege of his maister. For quhy, and 3®
his said maister did a crime of murthir, or thift, or ref, or
sik thing, and he helpit him, suld he nocht here the samyn
punycioun that his maister beris ? I traist nane will say
the contrair. Than, sen he mon here his part of the
payne, he sulde here alswele his part of the prouffit! 35

\

THE BUKE OF THE LAW OF ARMYS 24I

And 3it mare, war the custume that is in Provence
that women bare the sede to the laboure, and led the
bestis to the water, and to the pasture, quhen the
labourer war othir way is vext. Alset is wer the custum
5 of men of were to tak women prisoneris, ^it suld nocht
sik labouraris wyfis be tane prisouneris, be caus of the
privilege of laboure. Bot sik privilegis ar bot symply
kepit now on dais. Bot, nevertheles, the law civile sais
that the knychtis wyf beris the privilege of hyr maryt

10 husband. And sa suld all wommen bere privilegies
of thair maryt husbandis, be the writtin lawis. Bot
as langand the privilege of labour, it was gevin be the
pape. And tharfor suld all nobles and gentilis and
men of were kepe that privilege that sustenis all menis

1 5 lyfis, and haldis up the warld. And sa byndis the pape
all Cristyn creature be his law canoun, in his decretalis,
alwayis to kepe that privilege to the labouraris ; or, gif
thai do nocht, thai ar cursit of the dede, and may be
cursit opinly be thair bischopis in haly kirk, quhare all

20 princis, lordis, capitanes and knychtis suld sett thair besy
cure, and thair hertis gudely will, to kepe the labouraris,
sa that thair dede have better prosperitee. Or ellis traist
wele, quhen thai wene best to do, thai sail mysfare throu
the vengeaunce of the clamour of the pure peple quhilkis

25 deis of hunger on thair propre ground for fault of justice,
and all in default of govemaunce of the commoun prouf-
fit For, in thir wer is that now regnis in Fraunce, thare
is na weris maid bot to pure labouraris, and till oxin
and kyis, quhilk is na were bot pillery. Bot this is

30 nocht the noble fassoun of the weris that worthy knychtis
and worthy men of armes was wount to lede in the
anciene custumes, the quhilkis kepit as thame self the
pore laboureris wommen, and men of kirk, wedowis,
maidenis, faderles and moderles bamis, and all pore,

35 and peceable, and miserable persons, and manetenyt
justice, polici, and commoun prouffit. Bot, God wate,

Q

242 THE BUKE OF THE LAW OF ARMYS

all is now pervertit in the contrair, as reving of labouraris,
bimying of kirkis, forsyng of wommen, distressing of
merchandis, derobbing of prestis, and committing of all
the sevin dedely synnis.

[Capituium J^ERE speris the doctour, quhethir, in tyme of were, 5

CllaJ

men of armes may leffuUy ledder castellis or townis
durand thair trewis, as sum tyme men makis trewis in
tyme of weris in hope of trety, or othir wayis. And,
as to this mater, sum sais that, nocht gaynstandand
sik trewis, men an behaldyn to do thair prouffit in 10
alkyn maner, nocht brissand thair hecht and promess
to mak were durand the tyme. For suppos thai stele
a place and hald it, thai mak na were. And tharfore,
as to that, me think this opynioun nouthir lele na
trewe. Bot, or I ansuere to this mater utterly, me 15
think I suld declare first quhat is trewis. And first
I say 30U, that trewis is a kingis asseuraunce generale
the quhilk includis in it thre poyntis, as sais oure
maistris the doctouris. The first poynt is, that it
asseuris the personis. The secund poynt is, that it 20
asseuris the gudis. The thrid poynt that it includis
is, gude hope of pes, trety, and gude Concorde. Now
lat us behald wele than, quhen a place, castell, or
wallit toune is tane be leddering, quhat suretee the
persouns ar in, first and formast; syne, quhat seurtee 25
the gudis ar in efterwart, quhen the inymyes has all
in thair handis ; and syne se quhat esperaunce of pes,
trety, or of gude concorde thare suld be. For seurtee
ryall suld be but barat and male engyne, fiable
traist as stele. For a kingis word is a gzett
For never suld word of fiabilness of a king be
be na way; for a kingis word suld stand and
be frustrit, as Sanct David sais, Quod que
de labiis meis non faciam irrita. Quhat thiqg fa ft j
brek a kingis trewis — nane may estymy the

THE BUKE OF THE LAW OF ARMYS 243

and scathe it is to the realme. Quharfore men may
wele se that it is bot fals contrufit malice of commoun
thefis and revaris to say that trewis may be kepit, and
placis under thai trewis ledderit ; na is na clerk that
5 may gudely sustene that opynioun. For ever in trewis,
and in sauf conduytis, men puttis but ony falshede, barat
or malice. Bot this opynioun of trecherye cummys of
pillardis that never wald have pes na cqpcorde in this
warlde amang cristyn folk. For in tyme of pes thai can
10 nocht lyve; and rycht as thai wald have here na pes
in this warlde, rycht sa traist I, thai sail nane have in
the tothir warld. For treuly a place tane in sik maner
aw to be restorit agayne be the king, etc.

T-TERE speris the doctour, how and in quhat maner [Capituium

.... ciii.]

15 men suld be punyst that briss the kingis trewis but
his consent, or brekis the pes accordit utterly and
endit. And as to this questioun, nocht gaynstandand
that sum men haldis that, for the first tyme, quhasa
brekis trewis or pes suld be dungyn nakit throu the

20 toune, and, efter that, punyst as the caus requerit, bot
and it war sa, thare suld be mony brekaris of trewis,
gif thai mycht get gude, for to be quyte for a dynging.
Quharfore, I say, treuly, that he that brekis trewis or foI. 69.
pes, suppos it be bot for v» of price, thare folowis, be

25 the law civile, payne capitale, that is to say the hede;
(of that is a thing specialy and expressely determynit
in the la we. For gif a king be a rigorous man, and
wtjile sett to kepe law and justice, is nane sa grete bot
he will sare drede till offend him, na to brek his com-

30 mnndement. Bot and he be lathe, and our settand,
and favourable in punycioun of mysdoaris, traist wele
he is fosterar and manetenar of all mysdoaris of his
realme, and aw to geve compt to the hiest juge of
tbair allaris mysdedis that gais away unpunyst fra

35 justice, throu his negligence.

244 THE BUKE OF THE LAW OF ARMYS

[Capituiam J^ERE spcris the doctour, gif ony grete lord, or othir
als that dredis honoure, suld traist in ony sauf condyt
throu mennis counsale, that is to say, to auntre him
in the power or placis of his fais, quhare thai war
starkare na he. To the quhilk na wis man can wele S
ansuere. For quhy, to consale a grete lord or ony
othir man to put him in the will of men that he knawis
nocht thair lautee na thair fastness, that ar his mortall
inymyes, nocht gaynstanding that be way of lawe all
sauf conduct suld be traist and seure. Bot quhethir lo
that men be traist or seure, that is in were, for mony
ane, wenand to be sekir, hafe bene dissavit, betraisit
and undone, for thair lycht traisting in men that thai
knew nocht thair lautee; and syne had nocht to hald
thame by, bot thaire frendis to reprove thame quhen 15
thai war tynt, that was a symple amendis for sa grete

Nota. a mischef and damage. Quharfore, till a wis man, all

the lettres of asseurance and sauf conditis of the warld
is nathing in comparisoun of his predicioun ; the quhilk
puttis lyf land and honour in were for a lettre of paper 20
with a lytill wax. And suld I say the contrair, I said
agayne my conscience; for I suld better wit the suth
na thai men that first ordanyt sauf condytis, and or-
danyt the lawis that ar callit capitale lawis in sik
materis, and how men suld nocht lichtly traist in 25
na sauf conditis, and namely in the warld that walkis
now. For thare is samekle falshede, barat and trecjjff
erye in the warld, that men wate nocht quham in ^
traist; for the warld is worthit sa subtile in falsh<
that nane is or few that may kepe thame tharwith btt 30
a fall or a lak. For every man settis for his singul^
prouffit, and to dissave othir, na the warld is fest in sil
fremmyt unkyndenes that thai think na schame ilkanj
to begyle othir, and to le opynly, na to brek laul
mony ane. And treuly, the warld is cummyn in sil^ 35
a custum that it that was wont to be callit law is n<

^

I

,^4.

THE BUKE OF THE LAW OF ARMYS 245

callit cautele and subtilitee to dissave his falow. For
the quhilk gude faith is tynt ; for thare is nane that may
traist ane othir. And this is the caus for quhy I say
this, for my lordis counsale, quhilk and I war of his
5 counsale, I suld never geve him counsale to traist in
sauf condyt his persoun amang his anciene capitale
and mortal inymyes. For quhen a capitale and mortale
inymy haldis in his power the principale party advers,
he may fynd ane hundreth maneris till undo him, and

10 syne fynd ane excusacioun and a caus quhy, quhat
thing that ever betyde. For men may ger a knave
move a ryote or a noyse that nane may do with, or
poysonis or othir maner of murderis in hyd maner, of
the quhilkis men may fynd mony excusacioun, that,

15 quhen all cummis till help, ar hot a symple mendis or
recompensacioun till syk a tynsale as of a grete lorde.
And, forthir, thai may put fyre, or with a schote in at
a wyndow, or be a fule ger geve a stab with a knyf, or
be a woodman, a ramysde fule that for lytill gude wald

20 sett his lyf in perile. Syne walde men say, quhen it
war done, Quha mycht do tharewith? And quhen a
lord is dede he gettis few frendis, and lyfand men gettis
ay frendis. And als the lawe sais, that in sik mysty
aventuris is lytill remede, oft tymes na reparacioun.

25 And tharfore, sais the lawis, that for the seurtee of a
manis persone thare can na man devis sufficiand plegis
na sekirnes. For gif trechery and falshede be maid till
Undo a lord, or ony othir persone, suppos he have
pllegis or hostagis, thai can nocht bring him agayn fra

30 dede to lyve. And quhat prouffitis it to the dede lorde
quhen othir war put to dede for him, and he nocht
iyve agayn ? Na quhat amendis may men of wisdome
e^stymy condigne, for the lyf of a man that war accept-
£^ible till him and till his frendis, sen the Ewangele

35 ;pais, Quhat profitis it to wyn all the warld, and to tyne
lis awin saule quhen he had maid the conquest ?

246 THE BUKE OF THE LAW OF ARMYS

J^ERE speris the doctour, quhethir gif a Cristyn
king may geve a sauf condyt till a king Sar-
rajene to cum in Cristyn landis. And as to that
poynt I ansuere the, that, trcwly, me think that na
Cristyn man is behaldyn to kepe that saulf condyt S
And resoun quhy is, for man may nocht geve generate
asseuraunce again the inymyes of God. For, first, the
pape na the Emperour ar nocht haldyn to kepe his
sauf conduct, na )it nane othtr king. Quha suld than
kepe it, for thai aw him nane obeysaunce? Bot 10
quhethir his awin legis ar behaldyn to kepe his assur-
aunce, in that poynt it is to wit. And, first, it semys
that nay; for as we have said it is dere thing that
Sarrajenis ar the inymyes of all Cristianitee, as haly
wrytt and law beris witnes; and gif a Cristyn man 15
ressavit or commonyt with the inymy of God, but
leve of the soverane lord, he comtnyttit dedely syn.
And as we have othir tymes said, a subject is nocht
haldyn till obey his lord in thing that belangis tynsale
of saule, quharefore the subjectis ar nocht behaldin to 30
obey in that thair lord, For be na lawis na haly writt,
thar has na Cristin man nouthir roandement oa com-
mandement to commoun with thame. Item, mare
stark resoun ; every persone that contrairis the com-
mandement of his maister is manesuome. Bot ony 35
man that gevis outhir resset or favoure to Goddis
inymyes, he dois again the precept of the kirk, ajvJ
the bidding of God, to favour na resset the inyniyets
of the faith, na to entercommoun with thame i
wis, And thus ar nocht his subgectis behaldyn to obe>t|e 30I
in that to thair lord. Item, the Sarrajenis haldis r
anerly on were ane king Cristyn, bot all Cristyn kingi^
Thus, sen thai ar generate and commoune inymy 1
all, ane anerly may nocht geve thame sauf conducti
for the lawe sais that the thing that touchis all sulci
be approvit and confermyt be all Bot in this niatei|

THE BUKE OF THE LAW OF ARMYS 247

we mon first and formast have eye to the caus quhy
this sauf condyt was gevin, for, and it was gevin for
caus resonable, and it war gif a kingis brothir of Sar-
ra3inis war prisoner, and he come to male his fin-
5 aunce, or that the king that gevis the sauf condyt wald
trete the lousing of his brothir quhilk had bene tane
prisoner in the weris aganis that king Sarra3ene, or
to mak trety, gif ony king Sarrajene wald be at the
faith, that he wald be asseurit to cum to commoun

10 with Cristyn folk, of the faith, and to tak the haly
unctioun of baptesme, and othir caus that war lefull
and resonable, that war than acceptable, and to be
tholit ; bot and he had gevin it for othir singuler caus,
he suld nocht be obeyit in that, na ^it he suld cum

15 with power of men that mycht greve the contree

quhare he come gif him lest on fors. And gif the FoL 7a
king Sarra3ene come thus on ane unprofitable title,
the subjectis of that kingis realme, or otheris, mycht
tak him prisonnare and ransoun him, or hald him

20 and do with him as with the othir inymyes of the fiaith
of Jhesus Crist, but lak of disobeisaunce, na that ony
mycht reprove thame of disobeysaunce, na of per-
jurement, for sa may thai avow it be the common
law writtin, etc. For the law sais mare, that gif a man

25 may fynd ony man berand lettres that ar agayn the

publyk prouffit of the commoun, quha sa first gettis

thaim may brek thaim or bring thaim to the justice,

^ quhethir him lykis better. And be the lawis, all gude

I Cristyn man suld put of the company of gude Cristin

30 i folk all mystrowand men, all herytikis scismatikis and
I all Lollardis, at all power. And namly, all princis
that power has ar oblist ihareto, be the lawis writtin.

J-JERE spcris the doctour, gif twa lordis in were had iCaoiini
gevin trewis and seurtee for certayn tyme, ilkane till
35I othir, and the tane of thame had brokyn trewis,

248 THE BUKE OF THE LAW OF ARMYS

quhethir gif the tothir may lefully brek agayn till
him; as gif the kingis of Fraunce and Ingland hafe
maid trewis suome to be kepit for the space of iiii or
V 5eris, and cas fell that the king of Inglandis men
tuke placis, and brak the trewis within thre monethis 5
or four, quhethir gif the king of Fraunce mycht lefully
brek agayn till him ; and it semys wele that sa suld
he do. For a gude requeris ane othir, and rycht sa,
ane evill, be the commoun lawis. And als a reugle
generale is that quha brekis faith, faith suld nocht be 10
kepit to thame. Alssua the law sais that a violence
bydis ane othir, and biddis bodis. Bot nocht foithy,
we will sum thing away for the tothir opynioun, or
ellis war it na were of lawe. For sen it is sa that the
king of Ingland, durand the tyme of the trewis, is 15
fals and manesuom, he has commyttit dedely syn.
Than quhat wit war it to the king of Fraunce, suppos
the king of Ingland war manesuome, that he suld brek
his lautee to manesuere him for company, and to
commytt alssua dedly syn? For haly wrytt sais It is 20
a fulis autoritilee to say. He has brokyn to me ; thare-
fore I sail brek till him. Than, gif a man had put fyre
in my hous, suld I put fire in his, it war na wisedome.
For gif he brekis, and I hald my faith, than has he lak
and dishonour, and I have honour, and worschip of 25
faith keping. Men suld kepe faith bathe to frende
and fa. And suppos my fa brek to me faith, I will/
nocht folow his errour; for all athe aw to be kepit
sa that it may be kepit but prejudice to the saule.w
Bot the athe that the king of Fraunce has maid for J 30
to kepe trewis may be kepit but prejudice to thei
saule behufe, na forthy, sail he nocht be condampnyt. ]
Quharfore he aw to kepe that athe. And tharfore.
as to this debate, certaynly I say, that, gif the king of .
Ingland has brokin the trewis, he is fals and mane- 135
suome. Bot sen he has brokin the band first, the king

\

THE BUKE OF THE LAW OF ARMY& 249

of Fraunce is lousse of his promess, and is nocht haldyn,
bot he will, to hald the hecht that he has maid him,
and but ony breking of ath or manesuering. For the
law will that, sen he has brokin the condiciouns maid
5 betuixt thame, he is lousse on the tothir part, and free
of his band, na has na mare obligacioun till him bot
on free will ; bot he is assoil^eit of his athe, be the law
writtin ; and he may mak him were, but dedely syn ;
and destroy his landis, and contreis, but dishonour or
10 faith breking. And tharfor, my conclusioun is that
he aw to hald na trewis, bot to do his best to werray
him, but charge of syn or schame, for the breking of
his faith lousis and frethis him, etc.

T-TERE speris the doctoure, quhethir it be mare ex- [Capituium

**■ -*• . cvii.]

15 pedient to mak bataill before mete or efter*mete. As
gif the king of France war before the grete citee of
Alexandrie, with all his power of knychtis and lordis
that he mycht be ; and the soverane of Babilone had
sett him day of bataill to fecht with him; than is
20 the questioun, quhethir better counsale war to gyve
him bataille fastand, or efter mete quhen men ar full
and blithe. And as to the first advys it semys that
better war to fecht before mete and fastand, for all
sik grete actiouns that ar doutous standis in the will
25 and the grace of God ; quharfor all princis, and lordis
jjnd otheris suld sett thair ordynaunce and all thair
Jrovernaunce in him, prayand him to guyde it as lord
I ind syre of all bataillis and dedis honourable, for of
1 uim cummys victory and vailliantis ; and be caus that
nen ar better sett to Goddis service before na efter
Inete, as us and custum is in all landis to mak prayeris
,nd service to God before mete erar na efter mete,
tl^at men be fillit full of metis and drinkis. As we

30 I

I

1'

; <ave ane example of Moyses, quhilk fastit fourty dayes

3» ^efore that he ressavit the haly faith and lawis of God,

1

250 THE BUKE OF THE LAW OF ARMYS

and syne thai war gevin him. Ane othir example
hafe of oure salviour Jhesus Crist, the quhilk before
that he wald tak the bataill for mannis salvacioun, he
fastit xl dayes to have victory and maistry of the inymy
of helle. And God the fader, to ger man lyve ver- 5
tuously, ordanit Adam oure forefader to forbere and
hald certane abstinence, quhilk signifyis that glutony

Nota. is a perilous pestilence, and oft tymes revis resoun fn

the mannis wit and makis him bestly, quhilk is contrair
to bataill. Item, a man fastand is mare wis, mare sub- lo
tile, and better temperit na full. Quharfore than, is he
mare virtuous in bataill to fecht, and has better mynde
and better memore in all his werkis and dedis. And
all thir thingis ar requerit in bataill nedely. Quhaxfore
clere thing is it that better is before na efter none ; etc 15
Item, Saule, quhen he faucht agayn the inymyes of the
peple of Israel, he ordanyt under the payne of dede
that na man the day of bataill suld ete na drink, quhill
efter that the sonne war gane to rest And sa was it
kepit, and the bataill was wonnyn. Bot 3it, all thir 20
resouns nocht gaynstandand, we mon sum thing allege
for the contrair party. For, as we rede in the haly
writt, quhen the prophet was sa wayke that he mycht
no mare travaill, he ete and drank his repas ; and efter
that, in the fors and pythe of that mete, he travailit m, 1$
dais and fourty nychtis, but ony refectioun. And alssum,

Nota. sais Sanct David the prophet that the wyne blithis tlr^

mannis hert and comfortis him. And als men may $
be experience that bathe beste and man is mare star!
and forcybe ferr to travaill and labour quhen thai ^
wele fed na quhen thai ar cutyt, quharfore I say, s\
my entcncioun ser\'is me, that gif the folk had hcxt
wele at es before the day of bataill, and haldin at <
and welth of mete and drink, and out of our grel
calde and hete governyt, and wele restit, I traisi
war better fecht in bataill before mete na efter

THE BUKE OF THE LAW OF ARMYS 251

for mony causis before namyt. Bot and thai war nede
bestad of lyfing, and nocht haldin at es na at rest, I
wald counsale that thai war refreschit with bathe mete
and drink resounabily, and reconfortit.

5 T-TERE speris the doctourc; quhethir gif bataill in [Capituium
listis may be lefully haldyn before the ladyes. As
thus : the king of Fraunce is in weris apon Goddis
inymyes, and twa knychiis of Fraunce ilkane appellis FoI. 71.
othir of bataill before the quene: quhethir gif this

10 bataill may leffully be done or nocht before the quene,
sen scho is in his absence governand the realme. And
the tane of the knychtis sais to the tothir that he is
traytour to the king, and thareapon has gcvin his gage
of bataill. The day of bataill is sett, the quene cummys

15 thare as juge to sytt and determyn the mater be hir
and hir counsale. Than is the questioun, quhethir
this may lefully be or nocht. To the quhilk questioun
I ansuere, first, that scho may nocht be juge in this
cas. For the law sais that it sittis nocht till a womman

20 to mell hir with the thingis that pertenis to jugement
of men be thair nature, and this is lawe commoun,
and namely, in fete of jugeing of weris ; and sen women
be the law commoun ar repellit, and by put, us think
that the quene may nocht be juge in the cas. Item,

25 pt law of nature, it aw nocht to be. And, first, be a
^ersuasioun of argument, to cum better to my purpos,
I say that a thing that is of lawar condicioun may nocht
iue juge till ane thing that is of hyar condicioun. But
suthe it is that man is of hyar nature and condicioun,

30 and mare noble na the womman is. Quharefore
scho may nocht juge the man. And ^it mare stark
resoun sais that the law will nocht that a persoun
that is subget till a soverane be juge but ordynance of
jugement pertenand to the soverane. Bot sen it is

35 clere thing that the womman is subject to the man,

[

252 THE BUKE OF THE LAW OF ARMYS

and sa may scho nocht be juge in thing'' that touchis
the soveranitee. And now as to this mater, I ansuere
that certaynly as is before allegit be the lawis, thare
suld na womman be juge of thing that pertenis to
mannis jugement, and specialy of bataillis na of weris, 5
but ordinaunce or speciale commissioun of the prince.
And this is law writtin. Or othir wayis, we may say,
gif of aide tymes be custumes of the countreis that
men usis commonly, it is than lefull and resonable
that wommen hald jugement, for the law sais that 10
custum gevis oft tyme jurisdictioun. And gif ony man
wald mak ane argument sayand that ladyes na gentill
wommen can nocht wele juge in dede of armes, quhar-
fore it is nocht semand to sett a persone to be juge in
materis that thai ken thame nocht in, to the quhilk 15
argument it is sone ansuerd — That is small deficultee,
for ilke wele wittit persone may wele understand that
quhare ever a quene be, scho is nocht but lordis,
barouns, knychtis and squiaris, and worthy men of
were and of armes quhilkis can geve hir honourable 20
counsale in sik materis. Quharfore I conclude that
a quene may wele be juge in gage of bataill, and namely,
sen govemaunce was left till hir. And suppos it had
nocht bene specialy commyttit till hir, efter the custum
of the contree ony womman may be juge in hir awin 25
lordschippis. (

i

[Capituium T-TERE speris the doctoure, gif that the Quene Jounell

cix.l

of Nappies micht rychtwisly affaile the King Lowis of
Cicile. And as to this mater, we ar cummyn nocht
anerly for the declaracioun of this were be langanc
Quene Jounelle. For sum of the >vys men of t^*
counsale of Provence sais that the said Quene Joha&i«^
mycht nocht put by the lyne of the successioun fn
the rycht airis to the King Lowis. And tharfore, fin-
of all, we mon se and consider quhethir the dignit—

THE BUKE OF THE LAW OF ARMYS 253

royal may cum be successioun to wommen ; and tharbjr
may we wit quhethir the successioun of the realme of
Nappies may cum to the Quene Jounelle, and in that
gif scho mycht lefully [ ] the King Lowit be

5 that rycht. Bot as of this mater, we ar out of were
of Fraunce, for the opynioun of Tholomien. Efter the
decess of King Philippe of Fraunce, it was determynit
be hale consent and determinacioun of the realme, that
never women suld succede to the ryaltee of Fraunce.

10 And tharfor send thai out of Fraunce fer of to feche
hame Conte Philippe of Valois to be king, be caus
that he was nerest of the lignie male of the bhide
ryall of Fraunce, and excludit the kingis awin sister
of Fraunce, quhilk was Quene of Ingland, and hir Nou.

15 barnis. Bot as of oure realme of Nappleis, thare is
mare regarde; for the realme of Fraunce is nocht
subject to na man in this erde, bot governis be
nature; and the realme of Nappies is haldin properly
of the pape, and of haly kirk, as of the verray patrim-

20 moyne of the pape; and the chef till it is Sanct Petir
and Sanct Paule. And is ay govemyt be condiciouns,
the quhilkis is foundin in writtis off aide stories, that
quhat ever he be that is king of Nappies mon in his
begynnyng mak speciale aith and oblissing to the pape

25 as specale lord soverane till him, to kcpe all condiciouns
and covenantis that was wount to be kepit till him as
hede and soverane. And thus is the pape full lord
and soverane prince of Nappleis, bathe in spiritualitee
and in temporalitee. Than may the pape, and he will,

30 geve gude consent to the Quene Jounelle, and gude will
to put the king Lowis in the r)'cht lignie of successioun
of the kynrikc of Nappies. And as to the argument in
^he contrar)', thai that ar adversaris to the said King
Lowis and Quene Jounelle, in quhilk thai say that the

35 ladyes may nocht be the lawis affaills to thame na
barnis. That is till understand, to tak at thair pie-

254 THE BUKE OF THE LAW OF ARMYS

saunce a childe, and roak him thair aire, takand him
for a conquest bairn, quhen thai have nane of thair
awin generacioun, quhilk is callit in the lawis adop-
cioun j that is to say, nere thareby, for fault of language,
a conquest bame be favour and luferent, quhilk thai 5
allege a lady may nocht be the lawis mak till hir. Bet
this argument is lytill gude worth to bynd the pape be
the Emperouris lawis, to quhilkis he is nocht subject
For, nocht gaynstandand that, be the law civile, a lady
may nocht mak a tennand of hir auctoritee till hir i©
soverane but his leve, or ellis scho forfettis till hini,
3it nocht than the pape, quhilk govemis be the lawis
of God and haly kirk, may geve consent to mak quham
hym lykis, sen he is soverane lord bathe in spiritualitee
and temporalitee, and may dispens with the party. For 15
all lawis ar till him opyn, to bynd and lous at his will ;
and it is bot of permission and tholaunce that he tholis
mony poyntis to be done in the Emperouris lawis, etc.
Bot 3it, thare is ane othir argument that the party
contrair thinkis mare stark, as thus : Thai war thai 20
tymes in were of twa electiouns quha suld be pape ;
sum said pape Clement, sum Johnne. Bot thai
graunt wele that efter the decess of the twa sisteris,
ladyes of Duras, and of Artalis, the pape, quhasa be '
pape in the tyme, may geve the richtis of thai twa ^5
sisteris to quham him list, or to King Lowis gyf him
lykis. Bot to this argument thare is a gude ansuere;
for had the moder bene dede — the Quene Jounelle,
than mycht this resoun have had fete to stand on.
Bot sen the Quene was on lyve, and in lege poustee, 'to
this argument has na foundement. For quhen the
Quene Jounelle saw the fals feyned traisouns of thai
twa ladies housbandis, lordis of Duras, and of Artais, I
the quhilkis wald avow a fals pape, and mak thair
adopcioun be him, with his consent that was nocht : JS
rycht pape, bot it is wele kend that Quene Johnnet,

THE BUKE OF THE LAW OF ARMYS 25$

quhilk helde of the rycht pape Clement, gert declare
thame as erratykis and traytouris scismatykis, and
undo all that was wrocht aganis hir. And maid new
adopcioun be the verray pape Clement, quhilk was
5 foundyn traist, trew and faithfull, be the quhilk scho
gert geve him, be the verray pape Clement, all the
rychtis of the said realme, and gert the pape deprive
thame of all the rychtis, and coloure of rychtis that
thai pretendit to have, for evermore, bathe him and FoI. 72-
10 hir; and all othir that pretendit to have rycht in the
said realme. And^;jg ^^d wele is kend that

the pape Clerrvftt was than v. ^^^ ^^^

said Quenej-ounelle was declarit of his obeuiv.us.
lang tyn^'but varying. And as of Provence, t \
15 was n^er dout; bot thai help ever with the rychtwis
Rf»'e. And sen, that realme is govemyt be condiciouns
of the. pape, and under his obedience, and tharfore,
for dout that the realme suld be mysgovernyt, the
pape hastit to raak provisioun of a king, for the
2> govemaimce of wommen but men cummys oft tymes
to oonfiisioun. And ^it we suld nocht anerly will
that the pape suld se for hasty provisioun, and remede
of mi^govemaunce of realmes subject to him, bot
alswa of all realmes and regiouns in Cristyndome he
ftfsuld hdp till amend the govemaunce, quhen nede
war, and to reforme dedely syn and vicis, And, maist
specialy, apon the empire, quhilk for caus he may
A change at his will. Bot trewly, as to the successioun
^ that the pape has maid with the consent of the Quene
30(owiidle, I traist it be bathe lele and laufifull, haly
tnd JQst, and sail tak gude increment and mak gracious
aid, God willand, etc.

f^ERE speris the doctour, gif it be leufull and lau- [Capituium
ex.]

' full to vage bataill in lissis, as quhen a man appellis
35^ne othir of bataill in lissis, that is to say in barrens, nou.

256 THE BCKE OF THE LAW OF ARMVS

And be caus this mater is lycht dontoos to knaaei
for perile of the sanle bebafe, it is spedefuU and lycht
proflitable that it be decUiit tiD ignoiaant men that
ar nocht expert in the lawis; for the grettest derkis
31 in grete dout and quesdoun in that mater. And 5
tharfore I will sett me till enquere all the cas that
law levis gage of bataill in. Bot before or I schaw
thir casis, I will first prove opynly that gage of bataille
be all lawis is forbedyn expressely, bathe in Goddis law
and mannis lawe, in commoun lawe and canoiin Iav(^ t»
and ais, be gude reso-- ^IS""***''^ "s callit Uw*

o*" "*"""" . me law civile fLgeve gage of

' X ut to talc. And for sik querele, 6.fccht m a
ing condampnyt bathe and reprovit be all laftS- And
first and formast, I preve it be resoun naturale. F'or i|
gage of bataill cummys ay of forethocht felotmy. K
naturaly all maner of creature naturale has a pasBOUD
of nature that is calUt the first movement ; that is, quhea
a man or beste is sudaynly stert, thair naturale tadoi-
acioun gevis thame of thair complexioun to a fanMl^'*
and a sudayn hete of ire of vengeance quhilk eftewait
slanchis efter that hete. Bot bataill taking cinM 9t
lang foiset and forethocht purpos of malice Alt is nocht '
naturale to man. Item it is a thing iq^vit oi" God
and of his lawis, and condampnyt. Forqufay, all thing ]
that men temptis God throu is conda^tnyt be ifaeo-
logye, as sais Salamon Invenitur ab liiis 1
temptant ilium. Item, Achas pete tibi
Domino Deo tuo in ptofundum aut i
dixit Achas Non petaro, et non temptab^i
Thus, sen it is condampn)-! of GvxJdis law, quhy i
it be iholit? For the men wen>-s thai G:.
crabitnes, will help tt> sa\-ie the n«a that h-is c^ds richt
agayn the lothir, and gtr him wj-n, and tt.:.'. is i^aine j
the haly scripture. FiW he s*:s exjMrssely, >. ;
the dede of the syuwU nun. N.>» cru that he :;.-*-e. and I

THE BUKE OF THE LAW OF ARMYS 257

mend his lyf. Than is nocht to presume that he
will do again his sawe. For it is condampnyt be all
lawis to inquere be experience quhat God will do till
a synfull man. And, als the haly scripture sais, that

5 the ire of man schawls nocht the rychtwis juge-
ment of God. Item, it is 3it mare agayn nature ; for
oft tymes the starkare has the wrang, and puttis the
waykar to the wer. For it is agayne nature that the
waykare wan the starkare. Als, it war alsmekle to say

to that God suld for mannis querele schaw the rycht, as
God suld at synfull mannis request kythe miracle ; and
that is opyn tempting of God, the quhilk is again Goddis
lawe. And that it is aganis mannis lawe I sail preve.
For mannis lawe will never consent that ane innocent

15 be punyst, and ane that is culpable pas unpunyst, for
that ware again all gude faith, quhilk is the foundement
of mannys lawe. Item, be the law civile I sail preve
I that it is condampnyt. For the lawe civile sais, that
na man suld be juge in his awin cause; for than war
he bathe juge and party, quhilk is express agayne all
lawis bathe civile an canoun. Alssua, it is forbodyn
be the lawe, that ony man suld be witnes in his awin
cause, the quhilk he ingeris him to be that wagis bataill,
sen his awin persone is a pruf And law civile has
ordanyt all folk to move plede for thair accioun, and
to lede sufficient provis thareapon, ane or twa otheris
na himself of unsuspect laufull witnes. And thus is it
clere that it is again the law civile. Bot that it is aganis
the law canoun of haly kirk I sail wele preve ; for quhy,
the law canoune biddis us lyve be the ordynaunce and
commandement of haly kirk ; and nocht excede that
commandement, and of oure haly fader the pape of
Rome. Bot oure haly fader and his lawis repnifis
[and condampnis all purgacioun vulgare ; that is to
>ay be fyre, or watere, or blude; and expressely con-
lampnis and forbidis that maneris of provis, of bataillis

R

^-Tt ,-,

258 THE BUKE OF THE LAW OF ARMYS

in liss or justis of were, forbedand that never be that
forme men suld procede.

[Capituloin
cxl]

Primns
casus belli.

[Capitulum
cxii.]

Secundos^
casus belli.

J^ERE speris the doctour, in how mony syndry casis
law tholis vageing of bataill, sen it is playnly provit
that be all lawis, bathe goddis law and mannis law, 5
canoun lawe, civile law and naturale lawe it is a thing
condampnyt and reprovit to vage bataill. Than will
he schaw in how mony maneris that the warld has
ordanyt be thair us and custum that is all contrary till
all thir foresaid lawis, how thai devisit and ordanyt cer< 10
tane casis the quhilkis the law tholis, bot nocht levis
men at the plesaunce of princis and thair appetite of
thair curagis to wage bataillis. And as to that, I have
herd the doctouris; and I fynd bot few of anciene
lawis of Emperouris, that puttis bot twa casis. The
first is, that, gif the kingis of Fraunce and Ingland
had maid pes togeder, and thare had a Franche man
slayne ane Inglis man, in the tyme of pes, efter it war
wele and clerely knawin till all men ; and he war sum-
mond at instaunce of party before the king, and the
Franche man allegit that he did it in his defence, and
thare war na provis othir na him self, the lawe in this
cas levis bataill to be gagit thareapon.

Ane othir cas is, gif a man of a kingis had woundit
ane othir under trewis maid betuix kingis, and he wald
allege that he did it in his defens, rycht sa suld it be
tholit, gif it mycht be on na wys othir wayis provit.
And treuly thir ar all the casis that oure maisteris the
doctouris schawls in the lawis of Emperouris. And
3it ar thir callit the lawis of the Emperoure Frederyk.
Bot 3it is thare othir lawis callit lawis extravaganis, that
is for to say lawis vagaboundis, that ar nocht incorporit
in othir bukis of lawis of Lombardy, the quhilkis ar callit
lawis Lombardes, the quhilkis us in that contreis, and 1
otheris efterwart takis the custumes fra thame, quhilkis n

THE BUKE OF THE LAW OF ARMVS 259

puttis mony otheris casis in quhilkis men may wage bataill
in lissis be thair custumes, and sa enter in clos barrit
felde of bataill, as now is usit be princis commounly, FoL 73.
be us and custum, and nocht be lawis; the quhilkis
5 casis cummys efterwart, ilkane severaly be thame self.

HERE puttis the doctour the thrid cas in the quhilk [Capituium
cxiiia 1

i lawis tholis bataill in lissis : as gif a man cummys before

his prince, sayand on his falowe, that was sett for his casus belli.

undoyng and slauchter, and that sail he preve on him,

telland the maner how he wald have poysounde him,

or othir wayis be subtilitee put him to dede, and nane

wate it bot he himself, na may nocht othir provis gett

as to that mater : be thai custumes he aw to defend

his querele be gage of bataill, and enter in clos barrens

5 as custume is, etc.

HERE puttis the doctour the ferde cas in the quhilk [Capituium
cxiv.)

bataill in listis is permyttit : as thus, in Lombardy, men

Quartos

tholis gage of bataill to pas gif a man chalangis his wyf casus beUi
that scho has ymagynit and devisit his dede, outhir be

o poysoun, or tresoun, or othir suteltee, or in sum secrete
maner devisit his dede, and ane of hir frendis cummys
quhen scho is accusit of this in jugement, sayand that
it is fals and untrewe, and that sail he defend with his
body, for the honoure of the lady, or othir womman

5 quhat ever scho be, that is and was ever haldyn honour-
able, and na prufif tharof may be had. In this cas the
law tholis the ladyes frendis to appelle the husband or
I 1 othir that accusis hir of this crime mortalle.

HERE declaris the doctoure ane othir cas efter the [Capituium
cxv.]

lawis of Lombardye, in the quhilk, law tholis bot nocht

levis bataill in listis be vagit. That is to say, gyf ony casus beiu.

man has slayne ane othir secretely and hidlynes, that

na man wate, bot be presumpcioun vehement and in-

260 THE BUKE OF THE LAW OF ARMYS

evitable, and he wald graunt quhen he mycht na forthir,
and say he wald have slayn him, and that he did it
in his defendand. The law levis him to defend be
bataill in listis, gif ony man will accus him tharof and
put his body tharfore.

[Capitulum
cxvi.]

Sextus
casus belli.

XT ERE puttis the doctour the sext cas in the quhilk
law Lombard tholis that bataill be vagit in listis ; that is
for to say, that quhethir it be in tyme of were or pes, or
trewis or na trewis, quhat ever he be that slais a man ■
murtherabily and secretly, suppos he say he did it in his ijo
defens, he salbe herd to defend him be bataill gagit in a
clos felde callit barrieris.

[Capitulum
cxvii.]

Septimus
casus bellL

JTERE declaris the doctour ane othir cas in the
quhilk the law Lombard levis a man to vage bataill in
listis ; that is for to say, that gif ane man suld be aire
till ane othir, and have the successioun of his gudis for
fait of nerar airis of his frendschip, and he had bene
murderit secretly be ony wikkit men. And men had
him suspect of the gerryng sla him be his menys, or his
giftis and his counsale, sa that the gudis or his heritagis
suld cum till him, and he war accusit tharof be ony of
the frendschip : he mycht defend him be gage of bataill,
to defend his ignoraunce and innocence of that cruell
dede, etc.

[Capitulum
cxviii.]

Octavus
casus belli.

pjERE puttis the doctour the auchtand cas in the
quhilk law levis a man to defend him be bataill in listis,
in the landis of Lombardye ; as thus, gif a lord has a
bonde man that is accusit of thift the quhilk may nocht
be provit be opyn pruf, gif the bonde man wald, or his
lorde for him, defend his innocence and ignoraunce, he
may be tholit be the lawis of armes of Lombardye to
defend him be gage of bataill in listis.

THE BUKE OF THE LAW OF ARMYS 26 1

HERE declaris the doctour ane othir cas in the [Capituiun
cxix»1

quhilk the lawis of armes of Lombardy perrayttis and

. . • * • Nonus

tholis vagemg of bataill in lissis ; as thus, gif a man has <»«"« wh.
despyte at ane othir, and wald gladly fynd a fault till
5 him of crime famous, and as men kennis, in the landis
of Lombardye men ar rycht jelous of thair wyfis, gif
a man wald accus ane othir of the crime of adultery,
quhilk is crime mortall in that contree, till have hauntit
a maryte woman, and he wald purge him thare of his
lo innocence, the lawis of Lombardye levis him to vage
bataill in that kynde.

HERE declaris the doctour ane othir cas in the [Capituium
cxx.l

quhilk men may vage bataill in listis be tholaunce of

' . Decimos

the lawis of Lombardy. As thus, gif a woman be casus bein.
^15 suspect of adulterye secrete, and tharof war accusit
I 1 be her housband, or ony of his frendis, and sum othir
tg of hir frendis wald to sauf hir honour, gaynsay the
crime and put his body tharfore, that knewe the
gudenes and the worthynes of the woman — or lady,
or quhat scho war, the quhilkis ar ofttymes blamyt for
envy and despyte, but caus of crime, mare na is
blamyt for ony suthfast crime, or caus in dede bot
be suspecioun. Item, gif the womman had never
bene maryte, na had husband, alswele is the lawe
opnyt for hir, gif ony wald sett crime on hir, suppos
the charge be nocht sa grete as it is for maryte women,
gif ony frende on hir behalf walde defend hir honour,
be the law Lombard, he salbe tholit to vage bataill to
defend hir honour.

^ND 3it forthirmare puttis the doctour ane othir cas (Capituium
in the quhilk the law Lombard permyttis and tholis a *^^^
man vage bataill in listis. As thus, gif a man had tane casus belli,
possession of ony gude moble or unrooble, and bene
in pesable possessioun xxx ^eris ; and efter that, a man

262 THE BUKE OF THE LAW OF ARMYS

wald say that he had optenyt that gude be a fals wikkit
maner, and unlefully, ande thar apon will cast his gage
of bataill, be thair lawis Lombardes he suld be herd.
Bot all goddis and mannis lawis ar in the contrar ; for
efter xxx** 3eris he aw nouthir till ansuer bataill na othir 5
process, for the tyme prescryvis of lawe.

[Capitulum
cxxii.]

Duodecimos
casus belli

PJERE dedans the doctour ane othir cas in the
quhilk gage of bataille is tholit be the lawis of Lorn-
bardy. As gif twa men has a debate togeder, and
the tane of thame producis his witnes, ande thai deponis ; 10
and the tothir producis the samyn witnes, and thai
depone, and in thair deposiciouns ar fundyn variable
ony of thame, for favour or fede, or aw or mede ; and
ony of the tothir witnes will appelle him that varyis of
bataill, he is tholit tharto. 15

[Capitulum
cxxiii.]

nil™ casus
belli.

pjERE declaris the doctour ane othir cas in the
quhilk the lawe levis bataill to be vagit be the custumes
of Lombardy. As thus, gif a man cummys till a
merchand that is mychty and Bong, and sais him that
his fader aucht him a thousand nobleis, or othir grete
soume of gold, and that he is his heritair, and has his
gudis and his richess, sayand alssua that he has tynt
his evidencis and obligaciouns, and he deny it, the
tothir salbe herd and tholit be the custumes to vage
bataill on him.

[Capitulum
cxxtv.]

xiiiju* casus
bellL

pjERE declaris the doctour ^it ane othir cas in quhilk
gage of bataill is tholit be the custumes of the said
Lombardy. As thus, gif ony man wald say on ane
othir that he had prively put fyre, be a fyre ball or
othir wayis, in his hous in the contre, as grangis, bemis
or stakkis of come, or hay or wod, or othir thingis, and
he deny it, the tothir may mak appellacioun.

THE BUKE OF THE LAW OF ARMYS 263
T-IERE declaris the doctour ane othir cas in the [Capituium

cxxv 1

quhilk be the said custumes of Lombardy it is tholit

xv***" casus

to vage bataill in listis. As thus, gif a man has despyte b«ui.
at his wyf, for haterent of hir, or luferent of ane othir, ^o'- f^
5 and he wald wyn fra hir hir dowar, and he propone
aganis hir, or ger accus hir of ony crime of adultry,
and scho wald save hir honour and purge hir tharof,
hir frendis that lufis hir and kennis the gudenes and
the worthynes of hir persone may vage bataill for hir
10 innocence and salbe herd, etc.

A ND 3it the lawis of armes of Lombardy tholis vage [Capjtuium

CXXVItI

bataill in ane othir cas. As thus, gif a man accusis

xyj casus

ane othir that, for despyte and evill will, and vilany, belli.
he has fundyn the way to ly with his wyf 2igzyn hir
15 will to defoule hir and schame hir. And ony of hir
brethir or othirj frendis or consingis will sett thair body
tharefore, thai salbe herd and admyttit be samyn
custumes.

A ND 3it is thare ane othir cas in the quhilk the law [CapUuium

"^ cxxvii«l

10 Lombarde tholis bataill in listis be vagit ; that is for to

xvii c

say that, gif a man hatis ane othir, and sais that he is belli.
manesuome, and be that wald mak him unhable to
stand in pruf na witnes, gif he or ony of his wald defend
his honour and schaw his innocence, he salbe tholit be
the said custumes.

xvij casus

s

^ND 3it ane othir cas in quhilk law Lombard tholis xvUJm casus
bataill in listis. As thus, gif a man sais till ane othir
that he was in lawfull possessioun of ony thing, and
that the tothir had evill and falsly put him furth of
his possessioun; and the tothir sais that he had the
« said possessioun before him of the said thing, and that
will he defend, sayand that he had possessioun before
him and that he put him out evill and falsly of his

cxxvuL]
Nou.

264 THE BUKE OF THE LAW OF ARMYS

possessioun, thai salbe bathe herd and tholit be the
lawis of Lombardy.

[Caphtxium TJERE declaris the doctour how that the bataillis m
barrieris ar nocht ay done be the principale personis,
bot be thair deputis, souldiouris, or campionis. As 5
thus, it is ether to wit that mony of sik bataillis par-
ticuleris ar nocht ay maide be the principale partis
contrairis. For quhy thare is sum tyme certane
resoun, and caus resonable, that excusis the partis to
nocht do the bataillis be thair awin personis; as gif i<
a man war our 5ong, within elde of tutry, and curatrye
in warde. Alssua, all persones of dignitee suld put a
campioun for thame ; or a man past grete age that for
elde war excusit; or ellis that a man war seke that he
mycht nocht here armes; or gif a man wald allege i
custum of contree that he mycht put a campioun for
him ; or gif a fule man wald ourthraw a woman ; or
gif a bonde man wald allege that his lord had fred him,
and tharto wald offer his persone to fecht with his awin
lord, he sail nocht be herd aganis him, suppos he wald 2
vage bataill, sayand that of all bondage and thraldome
he had fred him, and had nane othir witnes bot his
persone, bot he suld put a campioun for him sik as
efferit. Item, a clerk, and he war appelit in bataill,
he aw nocht till ansuere in persone, na ^it be a cam- 2
pioun, bot at his awin list. For the lawis canoun ar
all in the contrair, and theologye, that, suppos he wald,
thai will nocht thole him. For suppos he war sa fule
hardy that he wald sett on aventure, the prelate ordinare
wald curs him, and deprive him bathe of office and ^
beneficis. And ^it mon we wele understand in quhat
nature cummys thir particulere bataillis. For it is clere i
thing till understand that thai schaw a figure efter the J
nature of jugement. For as jugement is done before
a juge be a provour and a defendour and witnes, sa ^

THE BUKE OF THE LAW OF ARMYS 265

is the bataill in listis. For the wknes ar the wapnis,

and armouris, and grete strakis quhill ane be doune.

And that man provis best his caus, for his witnes is

approvit be the grete Juge — in quhat kynde God wate.

5 Bot syne cummys the sentence that is terrible for the

tana. And ^it as langand ane erle, and he be appelit

of bataill, he aw nocht till ansuere in persone, bot he

sail ansuere be a campioun in his stede, and fecht in

felde for him, with him that clamys him or appelis him.

10 J^ERE speris the doctour, quhethir the campiouns in [Capituium
felde fechtand suld mak ane athe, and, gif thai suld
suere ane athe, in quhat kynde or maner thai suld suere,
and in quhat forme. And as be the first advys, he
haldis that thai aw nocht to suere. For quhy it that

15 the mare may nocht do, it is to presume that the lesse
may nocht do that, as we fynd nocht in na writtis, that
bataillis generales betuix twa kingis makis nane athe;
quharfor than suld thir bataillis particuleris mak ony
ath? Bot this argument is bot lytill worth, for the

20 tane is generale, and ilke man in generale may nocht
be chargit with athe, na nocht ilke man knawis nocht
the foundement, na the proves ; for sik were is ordanyt
be counsale, and jugit be kingis to be maid that takis
the weris on thair conscience, and that is grete athe

25 ynouche. Item, bataill particulere is ay for hid caus
that may nocht be kyd opynly. For and it war kend,
that nedit thare na bataill. And tharfore ger thai the
parties suere, that thai may be kend wenand thame
self till have rychtwis caus and querele. And this is
callit in la wis of Lombardy the jurement of calumpny,
that is gevin in the entree of all pledis. For the pro-
vour sueris that he traistis that he has rychtwis caus.
And the tothir sueris that he trowis till have rycht de-
fens. And rycht in the samyn wis dois men in bataill
closit. Bot thare is suteltee and maner to tak this

266 THE BUKE OF THE LAW OF ARMYS

jurement. For gif a man proponis aganis ane othii
he has slayn his fader, he suld suere be his athe tl
is sa suthely, be aide doctouris. Bot, be the opyr
of the doctouris oure maistens modemis, it is noc
understandin now. Bot it may suffice to say, b
lautee, and be the ath of his body, and be the sj \ n
God, I wene I have rychtwis querele aL^;ir"
traist thou has slayn outhir fader, 1.;
Bot and a man said till ane othir, I Ik:'.
aganis the, that thou slcwe my fiidcr, i ■
or that thou has dcfoulit my bed uii'-.
and that sail I prcvo apon the, as l;n\ ■■ ...
Than suld he nocht niak his athe sayand h-:
Bot he suld say he traistis tcrmly it 1 i. .^i, -^
nocht suere that he has in at (mus auanis '
querele of suspicioun that hi- i:;is a^i'i"
suld say before the prince, ihrr- ' ■
gude querele, and namand ilic
or juge suld be wele avisit in •■
provour allegis that his fader or
slayn sik a day, or sik a nycht, ii- •
defendour mycht preve be sufficient \\ •
that day in ane othir place ferr t'ra ■■
cioun war of na valour, for it war ir.}:
Foi. 75. be in twa placis. And alssua all i :i-
bataille suld be wele avisit and welc r ■
kynde thai geve bataill in listis tholj'.
gif thai geve leve of bataill till fiil:
for a lycht caus, but ony resoun or i \ > . :
quharfore bataill is tholit, it is a grcit- '. ■■■
For thai suld nocht admytt ilke foulc * -' •
knawand men wald for lytill evin alle^^'. '•
despyte, envye or for mede, or othir caus ot ly *

wSl"'""" J-JERE speris the doctour, gif a man past tJ?
age mycht put lefuUy a campioun for him in t^

THE BUKE OF THE LAW OF ARMYS 267

nocht to fecht in propre persone, as we have of before
of lordis and all personis ot dignitee, how thai may put
campiouns for thame, and of syndry othir previlegit
personis. As, gif he may sett ane for him, gif that man
5 suld be quhat kyn a man that him list at his plesaunce.
The quhilk campiouns ar lyknyt in bataill of barrieris as
procnratouris ar in pledis and process of justice ordinare,
or as advocatis, and of thame beris the figure ; the quhilk
office of procuratour ilke persone may bere that law

10 levis expressely, and sa is it of campiouns. For quha
ever lykis to be a procuratour, sa that he be hable
tharfore, may be it ; bot gif statute or custume, or othir
lawis of the contree gaynstand, as to mak a thef, or ane
infamyt persone, the quhilkis may nocht be campiouns.

15 And the resoun is, for suppos a defamyt man war vencust
in bataill, men wald say it war nocht the rychtwis querele
of the tothir part that gerris him wyn the felde. Bot
the syn of the tothir part that puttis him abak, and
gerris him tyne the felde, the caus and the honoure.

20 For ofttymes innocentes has scathe for evill company,
and sa me think that ane infamous persone suld nocht
be tane for campioun.

J-JERE^ speris the doctour, gif campiouns may fecht [CapUuium
be thair awin consent, but clos felde of barrieris, and

95 but juge to juge the caus. And as to that mater, suppos
'^ sum men wald say that it mycht be, sen the parties ar
accordit tharto ; certis, I say, nay, that it may nocht be.
For be the lawis we say that. It may be, that, be the law
may be. Bot, be the lawe, the cas appertenis to the
prince, but ordynaunce and leve of quham the bataill
may nocht be jugit na permyttit. And thus aw the

^ The next six chapters are here placed according to their order
in the MS. — viz., cxxxv., cxxxi., cxxxii., cxxxiii., cxxxvi., cxxxiv.
They are numbered in the margin according to their enumeration
in the Contents, p. 98.

268 THE BUKE OF THE LAW OF ARMYS

lord to kepe the felde, and se that rycht war done till
every part, severaly and junctly, efter the discrecioun of
him and his counsale; and that the parties be soure
of all otheris evill-willaris that takis part in that cas.
And quhen thai ar in felde, fra the cry be maid, thare 5
na man speke, na takin na signe mak, undir grete
paynis, but leve of the prince, the quhilk suld discretly
juge at the parting quha has the victory or the lyklyare,
and sa to precede furth to the conclusioun, efter the
lawis of armes of the contree. i

(Capituium T-JERE speris the doctour, gif a campioun brekis his

cxxxi. See -*■-*• . .

footnote, p. suerd, quhethir gif men suld geve him ane othir ; as gif
267. ]

a man wald inquere amang men of armes gif gude faith
and custum wald thole that be done, the quhilk be the
lawis of Ingland is a grete were, as he sais. Bot as to i
the maner of the armouris, I can nocht set na fassoun
for changis efter the custumes of realmes. Bot as to
the wapnis, he speris gif resoun and gude faith wald,
quhen ane had brokyn his wappin, gif he suld have ane
other, or gif his wappin schot out of the barrieris be ony 2
cas of aventure. And, as be semblaunce, it semys that
sa suld it be. And the resoun quhy is for, as we have
said before, the armouris ar figurit the witnes, as in
process of law ordinare, be the moyen of the quhilkis
ilk ane of thame thinkis to prove his entencioun, and 2
quha that best witnes has and best schawis, for the
maister beris the pris away. And sen it is sa, in lawis
ordinaire, that quhen I have led a certane of witnes, gif
me think I mister ma, I sail have leve to produce ma,
ay, quhill twys, thris or four tymes, gif nede be. And 3
gif ane of my pro vis failis me in lissis, quhy suld I nocht
be privilegit to bring ane othir? As, gyf my wapin
failis, I suld ger get ane othir. Bot as to this mater to
ansuere, properly be resoun it is nathing lyke. For gif
the suerd or othir wappin of the ta part failis, or failis 3

THE BUKE OF THE LAW OF ARMYS 269

fra him, or that his party advers takis it fra him of fors
or slycht, throu his foly or misgovemaunce, it war na
resoun he had ane othir. Bot, and his suerd for sum
aide fault, or new beand, in the self wapin, nocht in
5 his default, war brokin in the felde fechtand, me think
it war wele accordand to resoun that he had ane othir,
sen it was nocht for male engyne. Bot in sik cas,
extravagantes that cummys of aventure oft tyme, men
takis thame be us and custum anciens of contreis, and

as it semys to the prince and his counsale maist
spedefuU be resoun.

J^ERE speris the doctoure, gif it befallis that the [Capituium
juge may nocht gett be rycht knaulage quha has
the better quha the unlykliar on the first day, for

5 schortnes of tyme, quhethir gif thai aw to cum agayn
apon the mome to fomys the remaynand of the bataill.
And as thareto, treuly, I say, that thai aw to cum
agayne on the mome in that cas, for all justice is sett
with continuacioune of dais, for that is the commoun

50 opynioun of all, bot gif the prince or his juge mak
othir appoyntment of thair accorde, or contynuacioun
till sum othir certane day efterwart. For it is under-
standin in all bataill clos that it suld ga to the utterest,
bot gif the prince put his power betuix the parties be

{5 grace, favour of accordaunce, or delayes, or ellis that
the parties or the frendis on aithir sydis sett remede
of gude acorde and frendschip. Or ellis that the
maner of the bataill be tane under certane condicioun

\ of tayllid strakis. Bot in all sik bataillis mortale the

;|d princis and thair jugis suld be ay misericordes, and

1 fidl of clemence and pitee of manis blude sched-
,. ding, and of perdicioun of bathe saulis and lyfis, the

quhilkis in all syk dedis of armes standis in grete
. wens.

k

270 THE BUKE OF THE LAW OF ARMYS

J^ERE speris the doctour, quhilk of the twa cam-
piouns, the provour or defendour suld stryke the first
strake, sen thai ar in clos felde, and be ordynaunce of
justice suld feicht. For, as we have said of before
this, in oure othir weris of law, that this bataill in clos 5
felde is figurit to the semblaunce of a plede that is
maid before a juge ordynare in a plede hous, and has
the procuratouris and advocatis at thair awin plesaunce
to speke for thame, and that in sik process the provour,
that is the demandour that makis the clame, suld speke ]
first and mak his clayme, and the tothir suld ansuere
him. Rycht sa suld, be the samyn maner, the de-
mandour that is provour first stryke, and the defendour
ansuerand him agayne, as the cans requeris, be ane
othir strake. Item, a mare stark resoun ^it sail we i
mak : for, as men wate, he that makis the demaund and
questioun, he is the assaillour, and he that ansueris is
the defendour. Now gif he that is defendour strake
first, he gais agayn the nature of the clame. For that
Foi. 76. war na defens, bot erar assailing. Quharfore we say 2
that the demaundour, that is the provour, suld first
strike, for thare is na defens bot quhar thare is first
strakis gevin. Bot treuly as in materis, nocht gaynstand-
and that the resouns ar gude and fair, and that mony
of the wys doctouris haldis this opynioun, 3it me think 2
in this mater that in all cas it suld [nocht ?] be sa con-
cludit. For, be all lawis, the law of nature has pre-
rogatyf, and preexcellence. For thare is na man in the
warld that be naturale resoun suld byde his dede,
seand it cum till him ; bot he suld prevene it, and he 3
mycht. And sen a man seis his fa cum to geve him
mortall woundis, bot he wald, be way of naturale
defence, prevene the strakis, and geve him the dedely
strakis first that he schapis till him; for, and he baid
the strake wilfully, peraventure the strake mycht be sa 3
grete that it wald be his dede. And all man is haldin

\

THE BUKE OF THE LAW OF ARMYS 2/1

to defend him at all power fra the dede, be all lawis.
Tharfore me think he aw nocht to byde the first strake
of the demandour provour ; for it is to se that the
provour has begunnyn his clame ferr ynouche quhen he

5 has first maid his clame, gevyn his gage, and cummyn
bodyn in felde, and syne schapis him strakis in maner
and fere as he wald sla him. For and a man of sudane
chandemellay saw ane othir drawe his wappin and cum
on him dryvand in fere of were, it war lyke as he schupe

o to sla him. And suppos the tothir gave him the first
strake, and slewe him with the first strake, ^it suld it be
callit diffence, be gude resoune, be thame that sawe
and knewe the aventure, sen he schupe him on him
with syk a fere and in syk maner. Bot as to the

5 resoun in the contrarye that sais that, in justice or-
dinare, that before a juge a man suld mak his clayme
be a libell in wrytt Treuly the libell na thai wordis ar
nocht sa perilous to bide as ar the strakis of wapyn,
suerd, spere or knyf. Quharefore, suppos he dredde

lo thame mare, and sett him to prevene thame, he is
excusit. For men sais commonly that word is as
wynd, bot dynt is as devill. And tharfor quhen twa
campiouns ar in clos felde of barrieris, and the process
be all cummyn to poynt, redy to the conclusioun, and

!5 the cryis be maid, and thai have said on the princis
behalve — Lat thame ga togeder, and do thare devoire !
God schaw the rycht ! Than ilke man wate quhat he
has ado. And than, gif ony of thame may our his
falow, be ony habilitee or strenthe, or suteltee and

(o othir engyne, barate or cautele, sa that it be nocht
signify it him be nane othir efter the cry maid, he may,
be all lawis, sen he dcfendis him, put his falow to the
wer, gif he may at all his power, sen thai ar levit of the
prince be the cry that biddis ilke man do his devoire.

15 And than may he that is defendour ches him the best
of the felde and maist avantagius. Bot as till all gude

cxxxiii.]

272 THE BUKE OF THE LAW OF ARMYS

resoun of uterast conclusioun of understanding of this
poynt, be all opyniouns of maist worthy and wis men
of weris and of lawis, I traist the defendour suld byde
quhill he persave the provour step furth to cum towart
him, and than begynnis the defence, or that he mak 5
semblaunce to step furth, etc.

[Capitoiam T-JERE spens the doctour, gif a man be vencust in
bataill clos, suppos the king remytt him his accioun,
quhethir gif he aw to content the party of the expens
resonable. As thus, quhen a bataill is sett done and :
begunnyn in felde, the parties fechtis lang, the tane
has alluterly the imliklyar, and at the poynt of per-
dicioun, the prince seis that, and has pitee, and cryis
Horo ! horo ! Thare cummys the vaincur, askand
jugment of rycht, and the king ansueris, I juge the i
to have the honour of victorye; and I geve him his
lyf, for thus plesis it me. Than askis he his expens of
costis and scathis, than here lyis the questioun. Sen
the king jugit na expens till him, thai say he aw to
have nane expensis. Bot the wynnare sais ^is, he aw 2
till have his expens be the lawis, for quhare the prin-
cipale gais the accessour folowis ; quharfore, suppos it
was nocht spokin, it was understandin be the sentence,
for the tane drawis the tothir; and gif the juge has
left throu negligence to juge the expens, he aw in 2
payne of his negligence to pay thame him self. Bot
as for conclusioun in this mater, treuly, be all gude
resoun and gude faith, the vencust man, sen he has
grace of his lyf suld pay to the vencusour his costis
resonable. For suppos the king had na mynde in the 3
tyme, it folowis nocht that, suppos he gave him his lyf
that is at his will and grace to geve quhare him lykis,
bot he may nocht be resoun [withhold ?] it that is per-
tenand of rycht to the tothir partye; bot he wrang
him, and than, etc. 3

THE BUKE OF THE LAW OF ARMYS 2/3

HERE speris the doctour, how suld he be punyst [Capitaium
... cxxxvi. See

that is vencust in barrieris, and grauntit his errour in footnote, p.
the closour? As gif a knycht appelis ane othir, say-
and that he is traytour till his soverane lord his king.

5 And quhen the bataill war in the stoure of the maist
hete of the fechting, the appelour cryit up to the
prince, sayand, he wald nocht tyne his saule, and that
he had maid a lesing of the said knycht, and that all
that he had said was untrew, and feynyt thing for

o despyte and invy, and othir fede. Than is the ques-
tioun, quhat punycioun he suld have be the law of
armes, that is to say in body, and in gudis, and in
honour? To the quhilk is ansuerd that he suld have
the payne of talyoune, be the law civile. That is for

5 to say, that sik punycioun as the tothir suld have that
the crime is put on, sik punycioun sail he have that
puttis ony crime till ony persone and may not preve
it. And thus suld the vencust man in barrieris be
punyst cfter the demeritis of the caus, the quhilk suld

o nocht be forgevin with sik accessoiris of expens, scathis
and interess as efferis.

T-TERE speris the doctour, gif a man had bene in (Capjtuiam

CKxifiiii.

barrieris vencust of ony caus, quhethir gif he suld thole See foot-
law tharfore in jugement ordinar efterwart. As gif this

-; fomamyt vencust man had bene thus punyst and dis-
honourit in barrieris, gif ane of his nychtbouris for
invye walde ger summond him in jugement, and ger
accus him of the crime of manesuome. And as to
this questioun, it semys that nay, it aw nocht to be.

r For it that is anys clamyt and correkkit be justice suld
nocht cum again to be newly correkkit na recon-
dampnyt in ane othir justice. For thare aw na man
to be punyst be double penaunce for a crime. For
to this is accordand bathe the haly lawis, and the lawis

; of man, and of God. Na God gafe nocht jugement

s

274 THE BUKE OF THE LAW OF ARMYS

twis of a forfautour. For, be all lawis, gif a crime or

caus mycht efter it was anys jugit cum again in juge-

ment, thare suld be nane end of process na pledis, the

Foi. 77. quhilk law will nocht ; bot in the contrair schapis thame

to schort all causis, and to lesse all expens and travailis 5
of parties efter the possibilitee of law. Bot neverthe-
les the tothir party may thus allege — Schir juge, we ar
here in jugement ordinar, and in law wryttyn. And
as to that, that the party has allegit, I graunt the
resouns ar all gude and trewe, sa that the determina- ic
cioun and decisioun of the questioun of lawe had bene
before a juge ordinare, and the crime correkkit thare.
Bot 5e wate that bataill in felde clos of barrieris is
nocht approvit be the lawis canoun na civile, na
theology na be law of nature, bot anerly tholit at the if
plesaunce of princis. Quharfore, suppos it have thare
in syk maner endit, it is nocht lawfully punyst And
thus I ask 30W rycht law and resoun, as 30 that ar
juge ordynare and aw to kepe us the lawis. For the
jugement extraordinar sail nocht lett the justice ordy- 2c
nare, as I sail geve 50W be example. And it befell
that a lordis sone of this contree had reft me certane
gudis and dongin my persoun rycht wele, suppos the
fader had dungin him again, and send me my gudis,
the justice wald nocht forthy to punys hym for the 25
ref rycht as a revare aw to be punyst And sa is it
in this cas ; for suppos thare was a colour of justice
extraordinare, it lettis nocht the ordynare. And here \ .
as to this cas, me semys, nocht gaynstandand all thir 1
resouns, and the prince had punyst him, and the party
war content, thare mycht na justice in his realme do
justice again till him of that man. For the remissioun
of the prince saufis him, quhethir it be extraordinare
or ordinare, bot and the party had maid a private
appoyntment and accordance with him by the prince,
he suld nocht be for that fred fra the justice ordinare.

THE BUKE OF THE LAW OF ARMYS 275

For sen the custum is thus our all the warld, now
quhethir it be law or nane. Quod principi placet in
lege habet vigorem. Quhat thing that pies the prince
in privelegis extraordinaris, and gracis, and remissiouns
5 is tholit and has strenth in the lawe. And tharforc,
sen it plesis thairo, the best is to lat it pas throu dis-
similacioun.

p^ERE spcris the doctour, gif a knycht appellis ane [Capitaiom
othir of bataille, quhethir gif he may repent him efter-

o wart, and concorde with the parties, but leve na per-
missioun of his prince, at his plesaunce. To the quhilk
qucstioun it semys that it mycht wele be. For quhy,
be the law writtin, a man that accusis ane othir may
cesse quhen him lest fra accusacioun of that crime,

5 before that the jugement have determynit tharapon, and
namely of accusacioun done for hete of crabitnes in
ire, apon ony persone, sa that it be cessit or the
accusour be oblist to underly the payne of talyoun.
And as to this questioun, I ansuer be a distinctioun,

o makand difference of a bataill vagit before personis na
powar hafand to ressave gage of bataill. Suppos in
hete and ire a knycht had appellit ane othir of crime
mortall, and thare apon tane witness, and the gaigis
tanc in handis to bere in the presence of the prince,

5 or of constable or marschall, and in the tyme the
knycht appellour war better avisit, and had bene othir
wayis of the contrair, or war appesit of his ire, or that
he had drunk)!! our stark wyne, or sum othir way had
in foly and lichtnes maid his appellacioun, of the

o quhilk cfterwart he repentit him, and trety come
bctuene thame and accordit thame. In this cas he
may renounce but his princis leve, and never be thar-
of nocht. Than it is sum part dishonourable till him
to be callit sa lycht wittit that he suld mak sa sudane

5 ane appellacioun, and syne to repent and gayncall his

276 THE BUKE OF THE LAW OF ARMYS

proposicioun, and, be all resoun, he aw amendis, and
to pay the costis to the party that he sa sclanderit.
Bot and it war a thing done before the prince, or his
leutenant, or constable, or marschall, and gage gevin,
and day and place sett, it mycht nocht be revokit and 5
gayncallit but leve of the prince and grete determin-
acioun of counsale. For the gage of that bataill is a
libell in court ord)mare. And fra litiscontestacioun be,
the plede is begunnyn, etc And than may it nocht be
left but leve of the juge, and accordaunce of partis, i-
and rycht sa suld it be in bataill wagit. Bot as to that
poynt, all princis and jugis suld be redy to all acordis
and frendschippis and tretys, for sa biddis haly writt, and
it is the will of God, to quhilk all jugis sulde accorde.

[Capitttia p][£R£ spekis the doctour of armes that ar in bla- i
cxxxix.] souns, and of baneris and penouns. Now, efter that
he has determynit of bataillis, bathe in generale, and in
speciale, than will he declare the armes that all princis
and nobleis and othir gentillis aw to were, and of thair
colouris and discripciouns. And fyrst, quhethir a man 2
that is nocht of thair lygnie may bere levefully thair
armes at his plesaunce, the quhilk mater is nocht lycht
to declare, bot of grete difficulte, for mony causis. And,
first, men suld understand that sum armes was gevin
of power of autoritee of Emperouris, kingis and princis, 2
to lordis and otheris barouns, or to thair predicessouris,
the quhilkis ar of aide tyme and of aide ancestrye, that
nane suld bere bot thai war cummyn of that lignie ;
that is to say, in the realme of the Emperoure, king or
prince that gafe the said armes. For, and the king of 3'
Fraunce had gevyn a lyonn of gold to bere till a lord
of his contree, quhat wrang dois that lord till ane othir
lord of Spaigne, or of Almane, that the Emperoure or
king of Spayne had gevin it till? Bot thare is othir
maner of armes, the quhilkis ilke man that beris thame 3

THE BUKE OF THE LAW OF ARMYS 277

tuke at thair awin plesaunce, to mak differeunce and
knaulage amang lordis, gentilis, and noble men of
armes, to knaw ilkane be othir. And all namys and
surnamys of men was foundyn for the samyn caus, or

5 ellis all suld have bene in confusioun, that nane suld
have had knaulage of ane othir. And this name may
ilke man tak and geve his bame at his awin plesaunce ;
or the godfader, or god moder, or frendes may geve
namys to thair frendis. And rycht sa in the samyn

o >vys is it of armes, that, in the beg>Tinyng, quhen the
weris began, till have sum defference amang nobleis,
sik armes was sum assignyt be princis and lordis, sum
was tane at the plesaunce of partye, sum be thair
frendis consent and counsale, sa that men of honour

5 and of estate suld be knawin be thair armes, the
quhilkis ar callit thair takenys in armoury. And thus
in were tyme, new men of armes that has nane armes
of propertee, may in this wis tak armes at thair lyking,
syk as thame lest, bot nocht to tak nane otheris armes.

o J-JERE speris the doctour, gif a man may tak ane (CaDitnium
otheris armes at his lyking. As thus : a man has tane
to bere in his armes a low of gules in a champ of
silver. Ane othir of that ilke toune has tane the samyn
efter that he has it W7nteris and 3eris. Than speris

5 the questioun, quhethir the first may gaynstand this
armes, and plen3e to the prince, and ger this be re- F0L78.
formyt and forborne. And first he says nay, for quhy,
ony man may tak leffully, as before said is, ane othir
mannis name, and call his bame, in the samyn toun;

o for it befallis ofttymes that s>7idry men ar callit be a
name in the samyn toune, and may do it but lak. And
quhy than may thai nocht aiswele tak twa ane armes.
or thre, or alsmony as lykis? Bot the countre party
sais agayne that it is a commoun us and custume

5 in mannis lawe, and approvit be othir lawis, that

278 THE BUKE OF THE LAW OF ARMYS

quhasa ever may first tak wilde foule, or fysch, or
wylde baste in the wilderness, it is his be the lawe.
And than sen this noble man has first tane sik a beste,
or sik a foule, or sik a fische to bere in his schelde,
and on his cote of armes, and on his baner pannoune 5
of armes, or in blasoun apon his heraulde or persevandis
brest, or othir wayis to paynt in hall or chaumer at his
lyking, quhy suld ony othir tak it efterwart to bere, that
war in toune, or in the samyn contree quhare it war
borne? And als it war mare thair scathe na thair i
prouffit, for it wald quhilom mer men that had grete
dedis ado, quhen thai wend to cum to thair awin
maister in were fare thai mycht fail3e, and othir wa5ds
in sundry wys mycht err in thair dedis, that mycht
hynder bathe the partis that nedit nocht, na is na i
poynt of gude govemaunce na gude policy in dedis of
Note. armes. And as langand this questioun, the doctpure

makis sik a conclusioun that, gif a gentill man or lord
had tane ane armes at his plesaunce and borne it lang
tyme opynly, kend in dede of armes and in weris, or 2
othir wayis in tyme of pes, that it war kyd and knawin
till him and his lignage, thare aw nane othir in that
contree to tak the samyn to bere. Na the prince or
lord of that contree suld nocht lat thame bere it on
na wis. For than war the principale caus of armes 2
taking all forletyn, for the principale caus of armes
taking is for to knawe the personagis of noble men in
bataill, or in armes, or in toumaymentis. Or to knaw
a lord in felde be ane othir, with his men and his
frendis ; and wele willaris suld draw till him and knawe 3
him be his takin, and sa suld the diversitee of armes
mak the knaulage of the diversitee of persounagis.
And gif it be hapnyt ony lorde or othir man to be
slayn in felde, and sa magglit that his visage mycht
nocht be knawin, be his cote of armes he suld be 3
knawin, and brocht to Cristyn beris. And alssua that

THE BUKE OF THE LAW OF ARMYS 279

be the defference of amies, ever furth quhill the warld
testis, men suld knaw be the takynyng of thair armes
thair sepulturis quhare thai ar beryit, and quha was in
thai tymes maist honourable and worthy men, as oft

5 tyme men seis apon thair sepulturis be thair frendis
maid efter thair decess, and sum be thame self or thai
be dede, be the quhilkis quhen all the lygnie is failit,
and the surname, 3it will the valliaunce of thame be
knawin be thair armes, the quhilkis in armes ar callit

:o takenis. For and syndry lordis or gentilis tuke all ane
armes or takenis, it war bot a confusioun. And a mare
grete resoun : for be all gude custumes of nobless, lordis
and gentilis makis thair selis efter thair armes, and gif
ane suld bere ane otheris armes in his sele, men suld

5 nocht wit quhais it war. Item, all kingis suld kepe
that na man do till othir dishonour, schame, na vilany,
na injure, na new novelliteis. And it is to presume, gif
ony man wald newly tak ane aide armes of ane otheris,
that it war for dispytc or injure, to despis him, to pro-

ro voke nois and debatis, for aide fede or envy, the quhilk
the prince suld stanche. And as to the argument, it
is na thing lyke till a man to be callit lyke name till
ane othir or syndry in a toune, for quhy, for sik caus
men has gert geve ilke man his surname that makis the

(5 difference. Bot, and mony men bare ane armes, how
suld ony man, harraldc or othir, knaw men na geve the
honoure of gude dede till him that had honourabily
deservit it, or to geve lak and dishonour till cowartis,
or flearis fra bataillis. And tharfore, in all sik debatis

;o the prince suld ger sett remede, and, gif ony complaynt
war, se be harraldis and men of knaulage quha had
rycht quha wrang, and do justice.

|-JERE speris the doctour, gif a Franche knycht (C^itaiuB
saw a Ducheman of Almane berand his armes but
(5 differeunce, and he appellit him of were to fecht with

28o THE DUKE OF THE LAW OF ARMYS

him, or forbere the armes, quhethir aw he to be ad-
myttit be prince or nocht to feicht in barrieris with
him? As gif a knycht of Almane wald cum to se
nobless in Fraunce, as tournaymentis or othir wasselage,
and that he fand a knycht in Fraunce at the toumay- 5
ment that bare the samyn armes that he bens. And
thus he maid questioun bustously, sayand, he traistit
he wrangit him and his lignie to bere thai armes,
sperand be quhat title of rycht he bare thame. The
knycht of Fraunce ansuerd, sayand that he traistit that lo
he mycht bere lefully the takyn of armes that his
fader and forefader and all his ancestris had of sa
lang tyme borne, that thare was na memorye in the
contrarye. The Duche knycht replyis agayn, sayand ;
Gude schir, soppos 30ur fader and ancestris have borne 15
thame sik a tyme my kyn and ancestris ar of eldar
begynnyng na 3ouris, and als ar mare noble of lignie.
Quharefore, sen 3e and 3ouris has tane thame efter us,
and 3e ar nocht of sa grete nobless of aide ancestry,
me think 3e suld deferr till us, and nocht we to 30W. 20
Quharfore, I say, 3e bere thame evill and wrangwisly,
and that I sail preve with my persone. And with
that, the Franch man sais that he dois him na wrang
that beris the armes that his ancestres has of sa lang
tyme borne, and that he deny is his wrang, and that 25
sail he defende. Than is this the questioun, quhethyr
the king aw to geve leve to thir twa knychtis to feicht,
or nocht. And as to the first visage it semys thai
suld be tholit, be the resouns that the Duche knycht
allegis. Bot the doctouris accordis nocht to that opyn- 30
ioun, for as we have before said, thai ar nocht of a
realme, na of a prince haldand ; quharfor the naciouns
makis the defference sufficiand, sa that it war nocht
done for despyte na othir barate. For gif a travailand
knycht of Fraunce had tane sik armes, and he war a 35
wikkit man of lyf, a tyran and unhonourable, that

\

THE BUKE OF THE LAW OF ARMYS 28 1

mycht defame the armes in ferr contreis, the Duche
knycht mycht have sum colour and resoun thareffor,
gif the Franche knycht past in Burgone, or Barry, or
Lorane, and brynt and slewe and reft ; and forsit
5 wommen and had renoune to be a wikkit man of lyf,
and men wist nocht his surname na of quhat contree he
war, and the tothir knychtis armes war kend our all
thai contreis, and sum men mycht traist that it war he.
And in this cas the Duche knycht had resoun to ask Foi. 79.

10 him to be deprivit of his armes at the king of Fraunce,
and the king to graunt it him, gif the said Duche
knycht and his lignie war approvit men of honour, and
tharapon graunt him leve of bataill in listis as said is,
gif him lykis. For the caus efter the custumes may be

15 tholit.

T-IERE speris the doctour, how thai suld be punyst [Capitoium

... cxlii.]

that beris otheris armes wrangwisly, in entencioun to
do mysunderstong of thame covertly. As gif a souldiour
of symple state tuke the armes of a knycht noble of

20 Fraunce, that war of gude renoune bathe in honour of
armes, and othir wayis of aide ancienetee, and that
knycht of Duche latid had tane thai armes newly, in
entent to be mare prisit and honourit, and to be hyar
avansit, and tak mare wagis. In faith, I traist that the

25 king, at the persuyt and request of partye, the king
AW to punys him be law of armes. As, in the lyke
maner, gif a maister armoureur of Paris that had
renoune to be the best of that craft that war in
Fraunce, and in his werkis had a takyn that his werkis

30 war knawin by, and ane other of Troyes in Cham-
paigne tuke that ilke takyn, sa that for the renoune
of the Parisien, his werkis suld be the better sauld,
and rycht sa of coultellin, or ony othir craft, or of
notairis, gif ane dois falset under the sailigne of ane

35 othir, I say, all sik men suld be wele and cruelly

282 THE BUKE OF THE LAW OF ARMYS

punyst be justice. And gif the contrary war tholit,
it war grete damage to the realme.

[Ca|>itulum
cxluL]

Nota.

T-IERE speris the doctour, quhat armes ar maist
noble be the colouris, and quhat colouris ar maist
noble in armes. Bot be caus the princis and lordis 5
beris armes of mare nobless na otheris, and that the
doctouris has spokyn in othir tymes and othir placis
of princis armes, and of thair baneris, quharfore, I will
nocht here mak questioun na dout the quhilk armes
ar the maist noble3, and the maist ryches, for quhy i
that alwayis comparisoun is odious. Bot it plesis me
to speke sum thing of colouris of armes, and of thair
discripciouns, and as the doctouris sais that sum of
thame is mare noble na otheris, for the representa-
cioun that thai mak be thair propre nature. And be i
this caus, we say that colour of gold is the maist noble
colour that is in this warld here. And the resoun
quhy is for be the nature of gold it is clere and
schynand riche, vertuous and confortand. For oure
maisteris, doctouris, and medicinaris and philoso- 2
phouris gevis the gold in syndry wis in medicyne to
folk that ar debilitej in thair nature that thai can
get nane othir remedy for soverane remede, and is
lyknyt be his condicioun and his nature to the sonne,
the quhilk is the maist noble planet that ever God 2
maid, and beris lycht till all the warld, and encresce-
ment and confourt till all naturale creaturis. And
the lawis sais that, of all thingis that God maid, the
claritee and licht is the maist noble. And tharfore
the haly wrytt sais that the Sanctis in hevyn schynis 3
as the Sonne. And alssua oure soverane lord, quhen
he transfigurit him before his Apostolis, his visage
apperit to thame as the sonne in someris day, brycht.
And be [that] caus the gold is comperit to the sonne,
as the propre effect of the sonne, the quhilk is king 3

THE BUKE OF THE LAW OF ARMYS 283

and lord of all planetis, and alssua is figurit be haly
wrytt be the visage of oure lord. And be that caus
the ancien princis in aid lawis of annes ordanyt that
na noble man suld bere gold in his amies bot princis

5 kingis and Emperouris for the nobless of him. And
thus conclude we that the maist noble colour is gold.
And suppos sum ignoraunt men wald say gold is metall
and na coloure, that makis nocht; for largely to tak
colouris, be all our maisteris and philosophouris all

o metallis, all low and lychtnes that lemys and gevis
sycht to the eyne is of the nature of colouris.

nPHE secound coloure that is in armoury is callit (Captttium
be thir maisteris purpre, the quhilk he callis here rede
colour, the quhilk representis the lowe of fyre, the
5 quhilk is the maist clere and lycht efter the sonne,
and the maist noble of all the elementis, the quhilk
colour suld nane in armes were bot anerly kingis or
princis, be the aide custumes of princis and faderis
of armes of aide tymes.

o 'T'HE thrid colour is asure, the quhilk be his figure icapituium

cxlv.)

and colour representis the ayer, the quhilk is next
the fyre the maist noble element For it is in it
self lignie and sutile and penetratyf, ressavand the
lycht throu it, and hable till ressave all influences of

5 the planetis, and of the hevynly constellaciouns, of
nature throu the quhilkis all this erde is govemyt and
all nature. And sum callis the colour a^ure hafand
the colour of the firmament, sayand that asure is a
hevynly colour. It makis nocht, for thare is bot

o lytill betuene, nocht than the lift is nocht colourit.

^NE othir colour is the quhyte colour, the quhilk, [CaiMtiiiiim
next the asure, is the maist noble colour that was
countit in armoiuy in ancien cronikis, be caus that

284 THE BUKE OF THE LAW OF ARMYS

it is maist nere the nature of lycht and claiitee, and
for the clereness of it It is signyfyit to the vatu
of puritee of cleness and innocence and sympilness.
And as to that, the haly scripture sais that the
clethingis of Jhesu Crist apperit ay to thame of 5
quhite colour, as snaw. And this coloure of quhite
representis the water, the quhilk efter the aire is the
maist noble element.

(Capitulum
cxlvii.]

^NE othir colour is in armoury that callit is blak,
the quhilk representis the erde. And be it is sig- 10
nyfyit dolour, for it is ferrest fra lichtnes and claritee
that betakenis blithnes, and cummys nerest to myrk-
ness. And tharefore, quhen ony peple or folk will
mak dule for ony of thair frendis dede or ony bataiU
tynt, or othir grete misaventure, men makis thair 15
dule in that clething; for it is the lawest of degree
of all the four elementis, and is signifyit be it hu-
militee. And for that caus in takenyng of humilitee,
the religious men ar cled in blak wede commonly,
to schawe mekenes in hert and put away all lust of 20
vanitee and vane glore warldly.

[Capitulum
cxlviii.]

Prima regula
belli dau*
stralis.

J-JERE schawis the doctour certane thingis and
documentis touchand clos bataill that we call bataill
in listis. And first, be caus that clos bataill is rycht
perilous and mysty to be jugit be ignoraunt men 25
that ar nocht instruct in the lawis, myn advys is
that thare suld na prince na lord hald felde of
bataille in lissis, bot gif he had gude wis counsale
of wele understandand men of lawe, that is for to
say of doctouris in canoune and civile to geve him 30
gude counsale, for commounly the casis ar sa subtile
to juge, that seculere men, for covatis and avarice of
warldis wyn, gevis oft tyme counsale to princis that
soundis mare to the desyre of wynnyng of warldis

X

THE BUKE OF THE LAW OF ARMYS 285

gude na it dois to resoun, or to rychtwis querele.
And als thai wate quhat casis ar in the lawis con-
dampnyt utterly and reprovit, and quhat casis ar
tholit and permysit at the plesance of princis, and
5 wate alssua quhat casis ar privilegit in the law, Foi. 80.
quhilk nocht. And the lawis sais that advocatis ar
procuratouris of mannis lignage. And ane othir
resoune quhy I have sett this reugle is, for com-
monly the clerkis ar mare sad of counsale, and mare

10 caulde of complexioun, and mare temperit in thair
curage, and ferrar can se in the ground of a mater
na seculeris. For secularis ar hate of blude and in
ire, and oft tymes thai geve thair counsale and juge-
ment again resoun, with the wrang, outhir for fede

15 or frendschip, luferent or haterent, or for mede, or
for ire or breth, or othir singular appetite for honour
or richess, or lordschip or reddour, or otheris ;
and erar ar enclynyt to mak were na trety and Con-
corde, and to ger bataill in barrieris be, na to sloke

20 it and appes it. For ire lettis the mannis mynde to
juge and determe veritee.

^£R£ dedans the doctour ane othir reugle and [Capituium

doctryne apon the governaunce of clos bataill; that

nocht gaynstandand that be malice or hete, woodnes, reguia belli

** ^ ^ , claustralis.

25 ramage, or pride orguillous, or be inclinacioun avaricius,
appellacioun of bataill be maid, and the party ressavis
the gage of bataill, the prince suld be wis in his audi-
ence geving, and of gude tholemudenes to suetely here
the caus that the appellour chalangis the appelland of,

30 and wele copy and understand all the mater before
or he geve his consent, and gif the caus movis of dett,
or of fede, or of ony othir singular caus, he suld call
counsale, and inquere how and quhare, and in quhat
place and for quhat caus, and of quhat tyme, and all

35 the circumstancis. And, gif the prince may, be ony

286 THE BUKE OF THE LAW OF ARMYS

way, get knaulage of othir pnif or witnes, or othir pnif
be instrument or obligacioun, or to draw out of the
party be inquisicioun of confessioun and othir maner
of pnifis, and, gif the prince may persave, be ony way,
that ony knaulage may be gottyn be ony way of the S
warld, the prince suld nocht thole passe bataill. Or
suppos na witnes war, bot aneriy that the party allegit
witnes, 3it suld he assigne day till produce thai prufis
before the justice ordinare; for quhen pnif is offerit
or allegit, all wage of bataill is slokit, be all lawis of lo
canoun and of civile.

[Capitulum
cl.]

'T'O the thrid reugle and doctrine of bataill in listis is
this, that the prince in na case suld juge bataill to be,
bot quhare thare is na prufis allegit na producit, and
that is law commoun, and resounable custum. Bot
he sail suere be his faith that his cans can nocht be
prufit in na way bot be his persoun.

15

[Capitulum
cli.]

'T'HE ferde doctrine, teching, and reugle of bataill in
barrieris is that a prince suld haue gude counsaile to
ger propone before him the maner of the appellacioun, 20
and the caus and occasiouns that the appellour allegis
in his appellacioun. And gif him thynkis resounable
the caus of the appellacioun, he suld admytt thame to
the bataill. And gif thai war nocht resonable, sloke it
out, and geve na consent tharetill, na tholaunce. For 25
gif fulis throu thair foly be sa daft that thai wage bataill
for lytill, evyn as to say quhethir growis better w)mis in
Burgoyne or in Gasco)me, or quhethir is thare fairar
ladyes in Florence or in Barsalongne, or in quhat contree
is thare best men of armes, in Fraunce or in Lombardy, 30
and the tapart cast gage of bataill on the tothir apon
thir grete weris of lawe ! or to say his hors rynnys fastar
na his, or that his hors is better na his, or syk lyke
thing, or that he lufis his lady better na he dois, or that

\

THE BUKE OF THE LAW OF ARMYS 287

he dauncis or syngis better na he dois, or fw syk maner
of tromperyis, a prince sulde nocht juge na thole bataill
to be. Bot he suld, before the peple, in presence of
his counsale, punys syk trompouris, that otheris tuke
5 ensample thareby in tyme to cum, to gage bataill for
sik fule causis; etc.

'pHE fyft doctrine is that, for na wordis of hete (Caoituium
and sudane ire of chaudecole, or of chaude raellencoly,
na injurious langage, thare suld na prince thole na

10 consent gage of bataill in listis to pas. For wordis
may be said for hete or for breth, or for gude wyne,
or othir wayis in lichtnes, that sone efter he may
repent. Bot and the wordis be injurious and dis-
honourable, crimynous or defamatoiris, and he per-

15 severe in his outrageous langage, and lykis nocht till
amend, bot stand in his purpos efter that the ire
salbe past, ellis the prince suld nocht juge bataill to
be. For gif he dois he jugis again the lawis writtin
opynly; etc.

20 T'HE sext doctrine is that, be caus thare is sum [Capitnium

cliiitl

men sa hichty, hautayn, and orguillous and full of
surquedry, that thai have na traist na fyaunce in
God na his Sanctis, bot in thair awin propre pythe,
and vertu of corps and strenthe of membris; na has

25 na will na thocht on God to mend thair mysdedis,
na to tak counsale at gude men of lyf and of de-
vocioun, na to mak gude ordynaunce for thame self,
suppos the prince suld [juge] the bataill to be tholit,
to be done to the utterast. And, tharfore, the king

30 suld assigne certane day of bataill and houre, to the
appelloure, and he suld ger schaw him the grete
perile in the quhilk he puttis him in bathe of body
and of saule, and monys him and exhort him on
Goddis behalf that all before that ever he schape

/

/

/

I i

288 THE ^UKE OF THE LAW OF ARMYS

him for hors, harnais, na othir provisioun for the
bataill, that first he schape him to se for a gude con-
fessoure, that, be a gude wis clerk, wele letterit and
wele instruct in the faith, and of gude counsale and
conscience, that he may discharge his conscience to, 5
and schrive him wele and put his saule first in gude
estate, and his gude in ordinance, as he wald mak
his testament to ga to dede, and as wys man aw to
do; quhilk, gif he dois nocht, the king suld say him
that sen he traistit nocht in Goddis help, he suld 10
nocht traist that he war a gude Cristyn man, and
that he suld have the less favour of him. And than
suld he ordane him a terme, within quhilk he suld
put him in gude estate of the saule to Godwart, and
syne spere how thai had done at thair confessoure; 15
and sa suld he do to the tothir. And this is a takyn
that a prince is wys, and lufis wele God, that begynnis
at him to dispone all his governaunce and dedis.

[Capitulom
diiii.]

Imperator.

Fol. 8x.

T-IERE speris the doctour, quhat condiciouns suld be
in all gude Emperoure, for the Emperouris estate suld 20
be the hyest of the warld in temporalitee. And sen
he is the maist excellent and hie in warldly honour
and dignitee, sa suld he sett him to be the maist hye
and excellent atour all othir princis, in vertew, in justice,
and all equitee and bountee. And first he suld never 25
press him to cum to the croune of the Empire of force,
na wrangwis title of electioun, nouthir be violence na
usurpacioun, symony, scisme, na comipcioun. And he
suld nocht sett him to by the electouris of the Empire,
na othir wayis unlefully trete him. The quhilkis 30
electouris ar thir, — the Archebischop of Maguntinen-
ces, the quhilk is Archechancellar of all Germany
and Almayne. And the secund Electour of the Empire
is the Archebischop of Coloyne apon the Ryne, the
quhilk is Archechancellar of all the Empire our all 35

THE BUKE OF THE LAW OF ARMYS 289

the landis of Italy. The thrid is the Archevesque de
Treves, the quhilk is Archchancellar of all the realme
of Arle. The ferde is the King of Revenne, the quhilk
was wont to be Duk and Marquis of Brandefort. The
5 fyft was the Duk Daffauxoune. The sext the Due de
Bavier, and syne efter him the Counte Palatyn, as is
contenyt in certane versis that folowis, here in wrytt
efterwart, be versis in Latine, — quhilk is here mem-
ourit bot nocht writtin ^

O Maguntinensis Treverensis Coloniensis. U ndevertoft.

At que Palatinus Dapifer Dux porta tor ensis
Marchio prepositus camere pincema Bohenius
Romanorum regem statuendum dant sibi legem.

And thus, quhen thir vij Electouris has chosin him Noca.

5 laufully, he suld present his electioun before the pape,
and mekely ask the confirmacioun of his electioun.
And gif the pape apprevis him, he may than ask the
croune imperiale, and his othir dewiteis. And this
maner of office suld do the cardinale on the papis

10 rycht hand, to quham it appertenis be aide custumes.
Hot the pape gevis him the croune in the Citee of
Rome, and gevis him croune of gold in the kirk of
Sanct Peter, at the altare of Sanct Mark. Bot efter
that he have tane that coroune, he suld nocht byde

r5 in Rome bot a day and ane nycht. And on the
morne he suld stere of the towne, and ly in a place
in a mountaigne without the wallis of the toune that
is callit Mount More, in Latine Mons Laurus ; and
quhen he is in the hicht of the mount, he suld say

(o with ane hye voce, All that we se is ouris. And syne
suld he tak ane othir croune of Iryn, and that suld
geve him the Archebischop of Coloigne. And syne
geve him the grete citee of Ast in Alroayne, quhare

^ The scril)e has here left a space of about three lines depth, into
which the verses have afterwards been written in two lines.

290 THE BUKE OF THE LAW OF ARMYS

King Charles lyis. And syne suld he have a croune
of silver, and that snld geve him the Arsbischop of
Millan, in the grete kirk of Myllan. And thus be the
gold is betakenit the noblesse soverayne of all metall,
and the Emperour nobilest of all erdly princis. Sen 5
he is maist noble of princis, it sittis wele he have croune
of the nobilast of all metallis. And the stele signifyis
force, quhilk he suld have atour all erdely princis.
And sen the silver betakenis puritee, clenness and
innocence in keping of justice, lautee and gude lyfing, lo
the quhilk suld be in him atour all othir erdely princis.
Bot the caus quhy he suld duell bot a nycht in Rome
is nocht wrytin in the lawis. Bot sum men sais the
caus is for the pape is bathe lord of temporale and
spirituale, and will nocht thole the Emperour mak na 15
residence langer na he have done his dede. And als,
that he suld nocht occupy the papis jurisdictioun na
of the senatouris, of quhilkis appertenis to the pape
the citee and the commouns. And as to the thingis
that suld be in a gude Emperoure, quhilkis he suld 20
have in him, here folowis efter — First and formast, that
he be full of traistnes and worthynes, as gude catholyk
anent God and haly kirk, and to knaw the hye worschip
and honour that he has for it. Ande tharto, that he mak
the ath that is custumable to be maid tharfore to the 25
pape and his successouris. That is for to say, that he
salbe lele and trew to oure haly fader the pape and his
successouris. And that he at all his power sail halde
thair worschip and estate, at outhe and at hicht. And
that he sail at all his power kepe and defend thair lyfis, 30
membris, honour and estate for evermare his lyf durand,
agayn all mortall. And that never consent, na mak
nane ordinauncis na jugementis in Rome of thingis that
may be appertenand to the pape, na to the Romanis,
the quhilkis poyntis of his athe ar full wele writtin in 35
the bukis of the law canoun. And als 3it, he sueris

V

\

THE BUKE OF THE LAW OF.ARMYS 29 1

that gif ony thingis that langis the rychtis, or of landis
of the patrymoyne of Sanct Petre and of haly kirk
cummys till him he sail ^elde thame agayne tc the pape,
and that he sail defend the landis and pati'mony of
5 haly kirk of Sanct Petre at all his power. And be
the forme of his athe, me think treuly, that he is ad-
vocate of haly kirk, for I can nocht se a mare propre
declaracioun in the lawis, of ane advocate na ar the
proprieteis of the Emperouris jurement. For he that

ID is catholyk to God ande haly kirk, he mon be ever
just and rychtwis to the warld to tempre his athe, but
hete, but wilfulnes of a disordinate lust or plesaunce
warldly, but favour mysordanyt with gude and wis coun-
sale. And as in his govemaunce and dedis touchand

15 his awin persone, he suld efter the lawis civiles that
ar his lawis, maid of him and his predecessouris. For
he that makis lawis, and syne is transgressour himself
of his awin propre lawis that he makis, he schawis him
self to be a fule, or ellis his lawis to be lytill worth.

20 And thareto sais the lawis canoun, Kepe the lawis that
thou hast ordanyt to be kepit. For, nocht gaynstand-
and that his lawis may nocht bynd him self that is
Emperour, nevertheles he suld lyve efter his lawis, sen Nota.
lawis ar bot reuglis of vertues, maid for the gouemaunce

25 of the brukle mankynde that ever is redy till excede
in vicis. And gif he be sik as the lawis sais, in his
persone, he may nocht gudely na lefully be callit be
twa namys, bot he deserve thame. For first and for-
mast, he is callit in the wrytin lawis prince of all the

30 warld and lord, and syne is he callit the sone of haly
kirk, the quhilk, men may nocht call him a mare honour-
able name, na mare grete honour do him efter the lawis.
Syne sais the doctouris, that be caus he servis the pape
at his mess umquhile, that forthy is he callit hafand

35 office of dyakyn, that is, the next order next prestehede
and redis the Ewangel at the messe, the quhilk is a grete

/

292 THE BJ/kE OF THE LAW OF ARMYS

dignitee. Fot thare is nane bot ane othir in all Cristi-
anitee, that is the Emperour of Constantynoble. Bot
he is bot in guys of a king, and quhen he is crownyt
takis bot a croune allanerly, but mare, na nocht telland
quhat vertue he is of, na quhat service he suld mak. 5
Bot it is sufficiand ynouche to me to tell as now that
the Emperoure aw to lyve be the lawis bathe canoune
and civile. And tharof is mekle speche in the lawis,
quha wald wele tak hede. And als, ane Emperour may
mak testament of his meubles, bot he may nocht mak lo
heritage of the empire, na leve it till his ayre, bot ever
gais be the foresaid electioun, and be the papis appro-
bacioun and confirmacioun perpetualy.

[Capitulum
dv.I

Offkingis.

FoL 82.

pjERE speris the doctour, quhat thingis efferis till all
gude prince to do, and quhat suld be in thame. As 15
now, sen he has sum part declarit quhat properteis suld
be in ane Emperoure, now will he declare quhat pro-
prieteis a gude king suld have in him — that is the maist
hye dignitee efter the Emperoure. And ^it will oure
maisteris say that the name of king is mare na the name 20
of Emperoure be excellence ; for oure lord Jhesu Crist
in this erde here callit him, nocht Emperoure, bot tholit
him to be callit king of kingis and lord of lordis, as oure
haly writt beris witnes. And alssua he was callit a
kingis sone; for he is callit in haly writt, the sone of 25
David king. And that, sais clerkis, — that he is of
kingis, be the grettar excellence of lynage. An<Je ^it
alssua Sanct Peter menyt be his teching, that the name
of king was mare excellent na the name of Emperoure,
quhen he said till his discipleis that thai suld be subgettis 30
till all creature humayne. For the honour of God 3our
king, and specialy till all kingis, for the honour of him,
as to the hiest degree and maist excellent. And th;^
approvis the pape Guilasius, in his epistole that he se ^
to the Emperour Anastasius, sayand that he wald he 35

\

THE BUKE OF THE LAW OF ARMYS 293

wist quhat thingis govemis the warld, that is for to say,
twa digniteis, the dignitee spiritual and pontifical, and
the dignitee royale; be the quhilkis he schawis, as
semys, that the dignitee royale, sen it is the ta part of
5 the govemaunce of the warld, is mare excellent na is
dignitee imperiale. £ot nocht than, thir resouns ar hot
wayke. For the dignitee royall is a generale name
bathe to kingis and Emperouris, bot the dignitee im-
periale is bot specialy and anerly gaynand for Emper-

10 oure, as maist excellent of all ryaltee. For men may
treuly call all Emperouris kingis and dukis, erllis and
knychtis ; men may, sa thai be anys maid knychtis, call
thame all knychtis; bot for that, is nocht knychthede
mare grete na the forenamyt digniteis. And as knycht-

15 hede may be in all kingis and Emperouris, dukkis and
erUis, nocht lakkand thair honour, sa may ryaltee and
name of king be in all Emperouris, nocht lakkand thair
honour. And in takenyng that thair dignitee is mare
grete and excellent, thai ar crownit with thre crownis

20 quhare othir kingis ar crownit bot with ane, and thai ar
callit kingis of Romaynis efter his electioun, and mare
grete autoritee and state is in his confirmacioun and
crounyng na in ony kingis crownyng. And thus to turn Not*,
till oure purpos : quhat gude proprieteis and condi-

25 ciouns suld be in a king. And first and formast, he
suld cum to . his realme throu rychtwis title of rycht
successioun. For and he do nocht, the end may nocht
be gude, na the govemaunce honourable. And tharfore
is the successioun of kingis ordanyt, that the first birth

30 suld be king efter his fader, and nocht gaynstandand
that it is a clere thing efter the royalis statutis, we fynde
mony faire ensamplis in the lawis and haly writt tharof.
For men sulde understand that the first birth ay succedis
to the ryall dignitee. Bot the caus quhy that rialtee is

35 callit dignitee; thare is syndry opyniouns thareapon.
For, be aide lawis of the Aid Testament, the first birth

294 THE BUKE OF THE LAW OF ARMYS

aw nocht to were wedis that the tothir brethir mycht
nocht lefully here. Othir sais that the eldest brother
gafe ay till his othir brethir his benesoun on festuale
dais. And alssua, or the fader decessit, he tuke his
faderis benediccioun. Othir sais that the first birth had 5
double porcioun of metis that was brocht to the burde,
and that he sat on his faderis rycht hand at the table.
Otheris sais that ever ilke ^ere the first byrthe had all
the first lammyt lammys that was in that ^ere castin and
lammyt of his faderis, to do quhat him lykit withe. Bot 10
to schaw clerely that the first borne suld nocht be chef
lord of all the lave, I have myn ymaginacioun starkly
rycht apon the benediccioun that the fader gave to the
sone, sayand, De rore cell, et de pinguedine terre erit
benediccio tua. That is to say Of the dew of hevin, 15
and of the fatness of the erde sail be thy benediccoun. \
And syne efter, he said. Be thou lord and syre of thy
brethir. Be the quhilkis wordis betakenis that he suld
be lord and syre of all the houshalde. And tharfor, gif
ony that aw nocht to be lord and king throu power or 20
favour of the peple, puttis him to be king, or for favour
and help of the nobleis of the realme, it sail nocht be
for his prowe at the last. Na, his realme sail nocht
prosper but grate mysaventure and grete pestilencis, as
we may se be mony ensampleis of haly writt. And first, 25
quhen the sone of king Salomon that suld have bene
king efter him was castin out of his lordschip be sum of
the lignie of Judas, quhilkis maid thair king of ane that
was callit Roboam sone of Nabuthe, the thing displesit
sa till oure Lord that he tholit thame to be all put to 30
confusioun, and syne he send the prophet Habioun for
till avert him, and avis him of his syn. And bad the
prophet that he suld nouthir ete na drink with thame of
thair metis. And nocht gaynstandand, he did nocht
Goddis bidding, and tuke the metis and drinkis that 35
thai gave him. And tharfor a felloun aventure betid

THE BUKE OF THE LAW OF ARMYS 295

him, for a lyoun in his gayncummyng slew him and ete
him, for he did not Goddis bidding. And thus, sen he
tuke the realme wrangwisly, and was sik vengeaunce
tane first on thame, and syne on him that commounyt
5 with thame, it is to presume that it displeses God gretely
the wrangwis occupacioun of realmes be unrychtwis title.
Traistis wele that he is nocht lufit with God, bot is
repute as to Godwart a thef or revare publik, refand
othir mennis richtis fra thame throu grete covatis and

lo wikkit avarice. For the quhilk gredynes of.gude and
warldis honour, and vanitee that is sa schort arid brukle,
thai wald murdre and sla bathe brothir and sister, kyn
and frendschip, andjtyne bathe saule and lyf, as mony
has done in Lumbardy, in Spayne and in Ytaly betymes

15 bygane, and dois dayly. And ever it befallis thame
foule at the hynder end, as it is gude resoun, sen it is
of the rychtwis punycioun of God, and vengeance of
thair wikkit govemaunce. And tharfor, quhen a king
cummys rychtwisly to dignitee ryale, he suld be sa ver-

20 tuous and sa wis in govemaunce, and specialy that he
be godly, and devote to God and haly kirk, and that
thai goveme thame till haly kirk as sone to moder.
For thai ar verray sonis of haly kirk all gude kingisj
for as the moder bringis furth the bame camaly, sa dois Nota.

25 the haly kirk the princis spiritualy, for thai ar crisimimyt,
and with haly unctioune annoyntit, and regenerit be new
generacioune maid be the haly moder kirk, as sais the
haly Scripture. And thus ar thai behaldin to kepe the
kirkis richteis, and to help to defend and kepe it ^ all

30 temporale inymyes, and to mak temporale were for it
agayne all heretykis and othir scismatykis, and rebel-
louris and distroublaris of it. For God has commyttit
the defens of the kirk in thair handis, and thai mon
tharof geve compt apon the day of dome and grete

35 jugement. And thus, efter that a king be a gude Noubene.
catholyk in his persone to Godwart, than suld he be

296 THE BUKE OF THE LAW OF ARMYS

techit in gude goveraaunce of policy of his peple and
his realme. For that is the caus that he takis the name
of king, for he suld first take, [and] kepe till himself
that till his persone appertenis, and syne till otheris
quhat to thame suld appertene of gude resoun. For 5
Foi. 83. quhat loving war it till hym to goveme wele othir men,
and mak a fule of him self? And alssua, it is nocht
to presume that a king suld wele governe otheris that
can nocht goveme his awin persone. And namely, gif
a king lyfis efter the lustis of the warlde and appetite of 10
his flesch, he is nocht worthy to here name of kyng.
Bot quhen a king can vertuously goveme his persone
in gudely maner, with godlyke conversacioun, and can
our cum and put doune the bestiale appetitis of sen-
sualitee that is callit warldly lustis of the flesche, the 15
quhilkis enclynis a man agayne all vertues, syk prince
takis rychtwisly the name of prince, and of prelacy.
For as he is preferrit all otheris in honoure and excel-
lence to the warldwart, sa suld he be in vertues and in
gudelynes to Godwart. And syne the thrid poynt, efter 20
that he be in his persone noble and vertuous, syne in
his govemance in policye and regemen of justice glori-
ous, he suld efter that be till here wis counsale wele
enclynit, sobir, temperit, and gracious of his prelatis and
barouns, and othir wis and vertuous men. For as we 25
rede in haly scripture, the king Roboam tynt his realme
be caus he wald nocht tak counsale, na trow counsale
of the prestis of the lawis. The ferde poynt that a king
suld have of his proprietee : he suld gladly enclyne his
ere till all wis teching and to lere ay wisdome and gude 30
thewis, gude vertuous and gude govemaunce. For
suppos he be never sa wys, ^it may he fynd evermare
to lere newly nedefull and spedefull thingis, and suld
think na schame to lere sciencis and othir gude thingis.
For Platoun said in wryttis, — that is ane of the wisast 35
philosophouris, that than suld the world be happy and

Sv

THE BUKE OF THE LAW OF ARMYS 297

wele fortunyt quhen princis sett thame to lere wisdome,
vertues and sciencis; for quhare wis men ar kingis,
happy ar the realmes. And to that sais Valerius, that
it is nocht lytill mischef to the land quhen the lord is
5 nocht wis na wele understandand. And thar to acordis
wele haly writt, sayand, that unhapp cummys to thes
lands of quhilk the king is a bame. Bot the under-
standing is nocht allanerly of a bame of ^outhede, bot
of ane aide king full of bamehede, but wit, wisdome and

10 vertew. And tharefore sais he efterwart, Waryit be the
bame of ane hundreth ^ere aulde; sayand. It is nocht
spedefull till a realme to have a symple king na a nyce ;
for dignitee ryall with nycetee na sympilnes accordis
nocht wele togeder ; for grete honour eflferis wele to be

15 govemyt and sterit be grete witt. And treuly, I traist
that in dignitee royall, for ane honour thare is a hunder
paynis and travailis. And of this recountis Valerius le
Grand, that thare was a king that, agayn his will, was
chosyn be the commoun consent of the realme that thai

20 wald have him king, quhethir he wald or nocht. And
quhen the dyademe was presentit till him, he tuke it in
his hand, and said that all men mycht here, with teris
falland of his eyne, O dyademe ! Quhat ! thou art noble,
and mare noble na wele belufit And men wist quhat

25 grete charge and lytill prouffit, quhat mekle perile and
wrechitnes folowis the, suppos thou war lyand on the
erde, he wald nocht uptak the with thy chargis and
perilis. And thus it is na ferly, suppos a man have
grete drede to tak the charge of the govemaunce of a

30 realme, sen he mon geve compt on his last day of all
the misgovemaunce of the realme, and faultis of execu-
tioun of justice. For all kingis that ar perfytely feft
suld have x or xij grete citeis in his realme, and alsmony
princis with thair subjais. And quhare thare is nocht

35 syk ane ordynaunce, the realme is misordanyt, efter
gude custumes of policy. And be this caus men sais

298 THE BUKE OF THE LAW OF ARMYS

that the king of Navarre is nocht properly king efter the
anciennes ordynancis and custumes of Emperouris and
kingis ; for he has bot a citee in his contree. Bot nocht
than, he is haldin as king privilegit be custume. And
3it aw a king to have the vertew of justice in him, for be S
all lawis, it is the veray proper condicioun of a vertuous
king to do justice, quhilk gif he dois nocht, he t)mis be
the law the privilege of king. And that aw he to do of
the riche to the pure, of the mychety to wayke, of the
grete to the small, but excepcioun of personis, and but 10
ony drede of erdly man. Na for avarice, na for prayeris
na favouris he suld never vary, na declyne his hert fra
justice. And of this mater spekis the storyes of a just
prince callit Sallar, the quhilk in his jugement was sa
rychtwis that for na corrupcioun he wald never change, 15
declyne, na vary in jugement. And quhen it befell that
his awin sone had forflfett be justice his twa eyne, he
wald nocht do him grace, bot walde ger put thame bathe
out. And quhen the grete counsale saw the grete desyre
and hye curage that he had to do justice, thai maid him 20
sik instaunce to do him sum grace, that all the peple and
the counsale halely on kneis requerand him, thai mycht
optene nocht ellis at his hand, bot, sen the law wald
that twa eyne war tynt, he grauntit that, in stede of the
tane of his sonis eyne, ane of his e3nie suld be put out. 25
And thus the noble prince, that had bot a sone, had
lever mak him blynd na forfett the favour of oure Lord
God for fault of execucioun of justice. And this tellis
Valerius the Noble. And now quhat mervaill is, that
quhen God him self has lichtit in this warld and tane 30
mannis flesch to teche us the rycht wayis of lawis, bathe
in word and dede, quhat blame serve we now, bathe
kingis princis and otheris, that brekis Goddis bidding,
quhen thai that was paganis that we call unCristyn men,
and wist of na Cristyndome, kepit justice and lawtee sa 35
Nou. wele in thair dais ? For never in na stories that I rede

\

THE BUKE OF THE LAW OF ARMYS 299

of Cristyn princis, I fynd nane of sa hye corage, and
ferme will and purpos to kepe justice, as I have fundyn
of the payenis. And I have red the maist part of bathe
Cristyn and hethyn, and of the Aide Testament and of
5 the New. Bot becaus I am a preste, I suld nocht our
hyely exhort kingis and princis to do justice, bot erar to
merci and to grace. For that is a kingis propre condi-
cioun, to ay justice with merci melle, efter as he seis
caus piteable, and as the cas requeris ; for that is clem-

10 ence, that is the fairest poynt of a kingis croune. And
thare, sais he, that a king aucht wele to be wis, forthy
that be wisdome all this warld is govemyt. For the wis-
dome of a king, throu his vertu and discrecioun, knawis
the qualitee of his contree, the condicioun of his folk,

15 the condicioun of the caus, and the state of the personis,
and the entencioun of the doaris, the quhilk, as clerkis
sais, sail juge every man. For the will and the purpos
of a persone makis of thair dedis distinctioun, and this
knaulage makis a king quhilum to do rigorous justice,

20 quhilum merciable or favourable, be gude consideradoun.
And trewly, I say, and he kepe wele thir termes, he is a
worthy prince, and worthy to be a king and till have
superioritee; and soveranitee, and victory of his fais.
And tharfore the doctour settis here certane poyntis

25 of doctrine touchand a ^ong prince in Ryme quhilkis
spekis thus : — A king that will be ane worthy werry-
oure, he sulde be wis, faire and curageus. And that
he be lord of his subjectis, as to the quaile the sper- F0L84.
hauk ; and that he be misericorde and rigorous in jus-

30 tice as cas requeris. And that, gif he will be wele for-
tunyt in armes, be ay first. Item, with this a king suld
be of grete temperaunce of lustis, and naturale desyris
and inclynaciouns, bathe in word, and in all his dedis.
And he suld be large and liberale ; he suld be charitable

35 and pitous to pure peple. And he suld lufe wele his
folk, and cheris thame in gudelynes amorously, and

3CX) THE BUKE OF THE LAW OF ARMYS

reconfourt thame. Bot all this suld be mesurit with
temperance in mydlyn way, nocht our mekle na our
lytill. For a prince or a lorde that can nocht put
mesure in his largess, to be wys in largesse, and in all
his othir dedis of vertu, he is comptit nocht wys. For 5
temperaunce is callit the ferde principale vertew cardi-
nale, quhilk suld be kepit in a thing anerly. Bot in all
dedis wordis and thouchtis, for that is his mesure in all
thingis that him efferis to do, for to geve, but caus
resounable, outrageus giftis, our mesure but grete neces- lo
sitee, is nocht largess, na ^it liberalitee till a prince, na
callit vertu; bot it is comptit be wis men grete vice.
For it cummys ay of ane evil bourgeoun that is callit
prodigalitee, quhilk men callis fule largess. Or it
cummys of pride and hienes in hert to pass otheris 15
in fredome. Or ellis it cummys of grete foly and wan
witt, or it cummys of grete subtilitee of a fals curage,
to draw a gretter draucht of decepcioun. And thus
may nocht this vice accorde be na way till a prince na
king; for it anerdis mare to syn na to gude thewis. 20
And, here atour, he suld be temperit in his word, that
nane unfittand word part fra his mouth, and be mesurit
that he think alwayis before or he speke, with gude
deliberacioun, and namely in his counsaile and in his
perlement. For all men takis kepe till a kingis word, 25
quhilk suld be ferme but variaunce, and of all thing,
quhen he is before his inymyes. Item, it efferis wele
till a king, or a prince or othir lordis to be wele mesurit
in thair maner of eting and drinking, and alssua in his
clething, and his playingis and disportis, and in his 30
menstralsy of tong or othir wayis. To the quhilkis, to
geve grete giftis is thing tynt, bot curtasly to do thame
gude, but excess, be mesure, is bot wele done. And
3it, here atour, he suld be wele mesurit in his brethe,
and nocht to be sone movit till ire. Na that ever mare 35
our all thing, that he ger mak nane execucioune of his

V

THE BUKE OF THE LAW OF ARMYS 3OI

vengeaunce in the hete of his ire. For ire gerris oft
men excede into the tyme of thair brethe, that thai
forthink efterwart. And quhen avengeaunce is tane of
dede or othir unrecoverable thing, it is a grete lak till
5 a prince, and syne, suld thai be of repentaunce, quhen
thai mycht sett na remede. For the law sais that ire
lettis the mannis curage to discerne betuix rycht and
wrang. And that ire makis nocht man till have his
querele mare rychtwis to Godwart. And tharfore suld

10 a prince tak gude hede quhat he dois in his breth and
ire. And tharfore ordanyt the aide lawis, that quhen a
king gevis a sudane sentence of dede, that execucioun of
that sentence suld be delayit for xxx** dayes efter ; for
quhy, that in that space he mycht be culit of his ire

15 rigorous, and, peraventure, change his sentence and do

grace. For the law sais it is lesse evill to 1 at a mysdoare Not*.
pas unpunyst. Item, a prince suld be amesurit to tak
delytis fleschly, nocht vaillable. For, quhen a man is
our delytabily unrist and govemyt in his ^outhede, he

20 may nocht dure langsumly in the travailis of weris.
And tharfore say we, that the chyvalrye that is now on
dayes regnand, is nocht lyke to thame of the tyme by-
gane ; for, as we rede in ancienes stories, the knychtis
and lordis delytit thame nocht in thai tymes in delicious

25 metis na drinkis, bot in rude bef and bacoun and grete
metis, and lay hard, and mare in harnes na in fethir
beddis, and mare in pavilliouns, tentis and bastilles na in
castellis and town is, stark of wallis, and drank bot clere
water oft tymes, and ay thai war better, mare wakir,

30 and hable to the weris. And throu hardness of lyfing,
and custume, thai bare it lychtly but ony dises. Bot
now for the delicious metis, and fethir beddis, and small
schetis of oure lordis and princis that thai ar usit till,
gerris thame that thai may nocht endure the weris

35 langsumly. Item, a prince or a king suld nocht our
Uchtly trow all talis na sudayn tydingis. For mony

302 THE BUKE OF THE LAW OF ARMYS

leans oft tymes flechis lordis with fals talis, and settis
thame in wrang and evill purpos. And that is our
grete perile in princis and grete lordis, to geve sudane
credence till ony mannis tale quhill he war wele informyt
of the suthefastnes. And he suld be wele and r)rply 5
avisit or that he write to the pape ony materis, or till
ony strange princis, for ony lycht mennis counsailis, or
ony small wrechit mannis. And quhen he wrytis,'his
writtis suld be wele and statelyke de visit and dytit, be
wis clerkis, and men of counsale, and expert in the 10
lawis, and purposlyke, and syne be notable gude writ-
aris as efferis bathe to the ryaltee of him that sendis
the writtis and of him that thai wryttis ar send to, and
suld wele avis for quham he wrytis, that thai be worthy
personis. And alssua for quhat thing he wrytis, that it 15
be nocht a wrechit thing that he wrytis for. And als
that his peticioun be bathe rychtwis and honourable,
for quhen princis prayis for unworthy personis, God is
ofFendit and displesit tharat. And syne the pape or
princis that he wrytis till will hald him for ane imwis 20
prince that the lettres send for sik a persone. And will
nocht sa gladly grant him his asking in tyme tocum.
And thus sail the renoun of a prince pas our all the
Cristyndome, and geve him los and honour that
excedis all warldis richess, throu the quhilk he salbe 25
prisit and redoubtit, bathe with fais and frendis, and
haldin for wis prince ; and syne sail he be lufit of God,
and wyn throu that the joy of paradis. And ^it mare,
suld a king be temperit and mesurit in his conversacioun,
and [nocht] repair amang folk in placis public our oft 30
tymes. For ony thing that commouns seis our oft thai
pris all the lesse. And quhen it is seldyn sene it gevis
folk in mare grete desyre to se it agayne, ay mare and
mare. And for this caus the grete Souldane of Babilone
cummys bot thris in the ^ere in publik audence furth- 35
wart And than, quhen he cummys furthwart on thre

'^

THE BUKE OF THE LAW OF ARMYS 303

festuale dayes, he cummys rydand with sik a state and
solempnitee that all the peple desyris and press the mare
to se him na he rade every day, or every wolk or moneth.
Bot gif it be quhen that he rydis in were fare, and than
5 all his peple and chyvalrye may se him. And suppos I
mycht 3it compile and gader togedir mony vertues and
proprieteis that suld be in a prince, and als mony thingis
of mysgovemaunce that he suld eschew. Bot, in gude
faith, the doctour sais that he was sa irk it of wryting FoI. 85.

10 that he mycht nocht, as now, na mare tak on hand as
to put in this buke of bataillis. Bot, and God geve him
lyve dayes, he sais in his conclusioun of his buke, he
sail compile a trety of proprieteis of gude condiciouns,
bathe of temporale men and of men of kirk, that salbe

15 gude and proufiitable for all men that on lukis, bathe
langand the governaunce of thair office and digniteis, as
may be compylit be the foundement of haly writt and
efter the lawis writtyn. Bot here he prayis to God
mekely that he send grace and gude governaunce to the

20 prince that he has compilit this wrytt for, and maid this
buke till, that is to say king Philip of Fraunce, and geve
him grace sa to reule his realme and his ryall magestee
and estate, that God be payit of him and bring him till
his ever lestand joye of paradis at his ending, and all his

25 frendis and wele willaris.

In nomine patris, et filii, et spiritus sancti. Amen.
Etc.

Explicit liber bellorum, sed potius dolorum, ut
recitat doctor in pluribus. Etc.

END OF THE FIRST VOLUME.

PRINTED BY WILLIAM BLACKWOOD AND SONS.

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Scotti sh gegt Society
LBERT OF THE HaYE'S

Prose Manuscript

(a.u. 1456)

VOLUME 1.

THE BUKE OF THE I, AW
OF ARMYS

OH

BUKE OF BATAILLIS

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J. !i Sti'VENSON

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WILLIAM llLACKWOuli AN)l »()Hli

fiOINBUnOII AND I.0ND<JN

1901

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jpatront.
Tm« EaB.L of jUBBdkbk, U,C.M.G. I The Eaiii, or Rosuuv, K.T., ILG.

Viscount Melviue.

ITUc'llnMlttiilB.
I)AVii> Masodk, ICuj., I.L.D.
Sit Arthcr MiTCHtu., K-C,B,, M.D., LUD.
,^KB*S J. G. Mackav, Esq., Q.&, LL.D,
JO«K SCOIT. E»q., C.B.
Lonn Amiibrst op IIackkev,

(SffnncU.

p iSir Ralth W. AHSTRirrasR, tisn.
^- /. T, T. BxowN, Esq,

J. MAITI-ANIi THOMsOM, Esq.

J. T. CLAftK. Esq.

Tli« Rct. W11.UAM MmtrALFH, D.D.

Wtu-UM Tncaii, Eti)., M.A.

F. /. Amovhs, Es}.

The Kev. }. Kikc IIkwiiON, M.A.

Snidare.

Vt'tLUUi TUAaUAlll UltKaON, Esq,. M.A., W.S,, it Hill StK^l, Kdlnblu^.

iStnecal iStiiiOT.

WiLUAM Blaocwood, Bsq.
rroCesior SaintsuuKV. LL.D.

GlLOKUK NlLlI-MlN, Eiq.
KlCilAKIl IlROWN, I^,

J. Tavlou Brown. Esq., LLDi

J. IIORXR SlXVEXKlN. Esq., M.A.

Thomas G. Law. Esq.,.LL..D.

Cteonucr.

I'nTRit RoNALnsr.N. Esq., C.A., 3A North SI Do'rfd SlTMl. Edinburgh-

LIST OF PUBLICATIONS TO JAN. 1902.

TilK KtNr.it. QciAiK, t08«lker with A BoUod of Grind Cohiik;!. Bf Kka|

Jamui I. or ScnllAncl. KdltvU by the K«v. ftofewior W. W. SkeUt

M. A., LL.D. pp. ii3aadlv.
TifR PosMa or Wiiliam Ddkdan. Put I. Edilnl by Hit lute J din

Small, M.A. pp. i&ianiliv. _

'I'ltx CeniBT fit VKMtii. By Inbne RcUaad, 1575. Ediinl by ihe Uu

Rev. Wallei Gnttor, M.A.. LL.D. fip. aji isJ x»U.

LIST OF PUBLICATIONS— C£?/f/i««^i/.

1884*85

i88s-^

1886-87

1887-88

1888-89

1889-90

1890-91

1891-92

The Pokms of William Dunbar. Tart II. Editcil by thr latr fohn
Small, M.A. pp. 169 and vi.

Hisiiop Lksley's IIist»)RIK ok Scon and. r.ut I. Translated into
Scottish from the ori(;inal Latin l>y Father James Dairy inple. Rdited
l)y the late Rev. Father K. Ci. Cody, O.S. H. pp. 130 .ind iv.

ScniR William Wallace, Knight i>f Kllerslic. Part I. By Henry the
Minstrel, commonly kiuiv^n as Blind Harry. Kdited by James Moir,
M.A. pp. 181.

TiiK Wallace. Pan H. Kdited by James Moir, M.A. pp.198.
.Sir Tklstrem. With IntrtMluction, Notes, and Cilossary. Kdited by
Cr. V. M'Neill, M.A. pp. 148 and xlviii.

The Poems ok Alexander Montuombrik. Part I. Edited by the
late James Cranstonn, M.A., LL.D. pp. I76andvii.

The Poi..\is ok Aiexandek MoNn^OMERiE. Part II. Kdited by
the late James Cranstoun, M.A., LL.D. pp. 160 and i v.

The Poems of Alexander Moniudmrkie. Part III. Edited by
the late James Cranstouni M.A., LI«.D. pp. 96 and Ivii.

Gau*s Right Vay to the Kinudomr of Hkuine. Kdited by the
late Rev. Professor Mitchelli D.D. pp. 130 and Iviii.

Legends of the Saints (Fourteenth Century). Pan I. Edited by
the Rev. W. M. Metcalfe, M.A. pp. 224 and v.

BiSHor Lesley's Hisiorie of S<X)TLANI). Part II. Edited by the
late Rev. Father K. (r. Cody, O.S.B. pp. 270 and xxvi.

NiNiANB Winzet's Works. Vol. I. Edited by the Rev. J. King
Hewison. pp. 140 and ex x.

The Poems of William Dunbak. Part III. Intro4luction. By <i%.
J. (r. Mackay, LL. I), pp. cclxxxiii.

The Wallace. Part HI. Introduction, Notes, and Glossary. By
James Moir, M..\. pp. 189 and liv.

Lei; ENDS ok the Saints. Part II. Kditeil by the Rev. W, M.
Metcalfe, M.A. pp. 386 and iii.

Bishop Lesley's Hlstokib of Scoiland. Part III. Kdited by the
late Rev. Father E. G. Cody, O.S.B. pp. 262 and iii.

Sa'iikkal Poems of ihe Time of the Reformation. Pan l.
Edited by the late James Cranstoun, M..\., LL.D. pp. 220 and vi.

The Poems ok William Dijnbar. Part IV. Containing the first por-
tion of the Notes. By the late Rev. W. (iregor, LL. D. pp. 244.

Ni N IAN E WinJet's Works. Vol.11. Notes and Glossary. Edited by
the Rev. J. King HewiM>n. pp. 203 and xxxiiL

Lec.knds ok the Sain is. Part III. Edited by the Rev. W. M.
Metcalfe, M..\. pp. 192 and iii.

Satirical Poems ok the Time ok the Reformaiion. Part II.
Editeil by the late James Cranstoun, .N^.A., LL.D. pp. 181 and bx.

LK(tENDs OF the Saints. Part IV. Completing the Text Edited I7
the Rev. W. M. .Metcalfe, M.A. pp. 285 and iii.

The Vernacular Wkmincs of Gi'X)R(iR Buchanan.
P. Hume Brown, M.A., LL.D. pp. 75 and xxxviii.

Scoi-TisH Alliterative Poems in Riminc. Stanzas.
F. J. Amours, pp. 187 and vi.

Edited I7
Edited by